Arizona requires someone convicted of a ”Super Extreme” DUI (driving or in actual physical control of a vehicle while having an alcohol concentration over .20) to serve 45 days in jail. The law also permits the court to suspend[1] all but 14 days if someone installs an ignition interlock device in any vehicle that they drive.
Many plea agreements, both in felony cases as well as misdemeanors, require that someone put an ignition interlock on a vehicle to reduce the time the person spends in jail. Previously, some courts read this to mean if you did not have a car you had to do more jail time than someone who had a car and who could install an ignition interlock device. This also meant someone would be required to get a car and have an ignition interlock installed if they hoped to have reduced jail time.
Recently, the Arizona Court of Appeals ruled that this interpretation was incorrect. In State v. Kara Anne Stowe, the Court found that jail time could be reduced even without the installation of the ignition interlock device for a defendant who did not own a car and did not drive during the one year following their sentence. In other words, there is no longer a requirement that someone go out and buy a car and equip it with an interlock device to receive the jail time reduction. Now, the interlock only needs to be installed if that person is driving during the one-year period.
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