Legal Question in DUI Law in Arizona

I received a DUI in 2004. I was active duty military and had a Kansas drivers liscense. I did all the requirements asked except the inter lock device on the car. I couldnt drive for a year, that was imposed by the military. My probation officer said that was alright i met all the requirements for the state and released me from probation early. I have recently retired from the military and went to get a Arizona liscense and they said I couldnt get one since I didnt do thei nter lock device on my car. It has been 7 years since the incident and have had a valid Kansas liscense since 1986. What can I do to get an Arizona liscense.


Asked on 12/09/11, 2:42 pm

1 Answer from Attorneys
Craig Orent Orent Law Offices, PLC

You are required to have the ignition interlock in your car for one year. MVD states and requires that you get the device installed before you are eligible to get your license back. Since MVD's interpretation of the laws will prevail unless and until challenged, that is how it is. However, a review of the applicable statutes, at least to me, raises a number of questions as to whether MVD's interpretation and/or requirement is legal, proper, or reasonable. It is unlikely the issue will be addressed by the courts anytime soon since few people can or are willing to hire a lawyer to challenge the imposed restriction on these grounds. Main point though is despite your favorable circumstances, you will have to do what MVD says, unless you hire a lawyer to challenge the requirement, and that would be costly and with no guarantee as to outcome. Good luck.

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Answered on 12/09/11, 3:04 pm


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