If I move out-of-state can I get rid of an ignition control device?

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If I move out-of-state can I get rid of an ignition control device?

I got a 0.09 DUI in AZ last week. Most likely when I go to court I will be required to have an ignition interlock placed in my vehicle, per state law. I am a resident of AZ, but I am moving to CA. Once I have a valid AZ driver’s license and the required interlock, will I be able to remove the interlock when I am a CA resident? My thought is that if I surrender my AZ driver’s license to CA DMV, get a CA DL, and have the ignition interlock removed, it wouldn’t matter because I would no longer be living under AZ laws. Is this correct?

Asked on January 14, 2011 under Criminal Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally there is some form of reciprocity among virtually all states regarding DUI convictions.  Accordingly, as a general rule, the new state will view the DUI as if it happened there and its law will control the penalty. Consequently there is the potential of having the requirement of an ignition interlock device ("IID") follow you.  Under CA law, based on your facts (first time-offender and BAC of .09) an interlock device may be ordered.  However, as of 07/10 a new law went into effect providing that every individual convicted of a DUI offense in Los Angeles, Alameda, Tulare, and Sacramento counties must have installed an IID on any car he/she operates and/or drives for a period of not less than 5 months.

At this point, you should contact the CA DMV and/or contact a DUI attorney in the state to get the specifics of just how your situation might be handled.


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