All of the ALJs for the Executive Hearing Office are licensed attorneys with the Arizona State Bar. They are employed by the Arizona Department of Transportation but exercise independent judgment, free from pressures by the parties or other individuals within the agency. The duties and responsibilities are generally comparable to those of the judge in a trial court. Phillips v. Clancy, 152 Ariz. 415 (1986).
An administrative hearing is an informal proceeding. Evidence is presented by each party, either as sworn testimony, documents or other physical evidence. Each party will have an opportunity to question the witnesses. At the end of the hearing, each party may present a closing argument to explain why the ALJ should rule in their favor. The ALJ will make a decision at the time of the hearing or the ALJ may take the matter under advisement and issue a decision after the hearing. A written Decision and Order will be mailed to the parties.
There are no provisions in state law to exempt a person with a medical condition from an interlock requirement. All devices are certified to meet NHITSA standards. Based on these NHITSA standards, there is a minimum blow rate that is required to get a proper sample. However, there are options that one can pursue when providing a breath sample is challenging:
No, there are no provisions for exempting individuals with medical or other conditions from a mandatory ignition interlock order.
Not many companies will install an interlock device on a motorcycle. Those that will, often require additional items to ensure security and compliance of the device. Contact an interlock manufacturer for more information.
During a training session provided by the service center, drivers are cautioned about common substances that contain alcohol, including mouthwashes and medications. If the blood-alcohol concentration of the driver, as measured in the breath, is over the preset limit, the driver will not be allowed to start the vehicle.
No. The device has a battery back up to protect the data log's memory. However; due to security precautions to detect tampering, if the device detects a change in battery voltage; such as a ‘battery disconnect’, it may register as a tampering event and recall your device to the service center so the technician may conduct a tamper check and this may be reported to the MVD as a tampering violation. If mechanical services must performed on your vehicle, please notify your manufacturer prior to services.
If you have a complaint about the service you received or the device that was installed, please submit your complaint below.
Click "Submit Complaint" below. Provide all necessary contact information.
In addition, please provide the following:
ARS 28-1461 states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device. If you cannot install on all your vehicles, it is not permissible for you to drive your other vehicles that are not installed with an interlock device during your requirement.
A removal is electronically reported to the department. If a device is not reinstalled and the MVD does not receive proof of an install within 72 hours, the driving privileges will be immediately suspended and you will be required to start your original time over.