SB1228 - 522R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-3319, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3319. Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition

A. If, pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑3320 or 28‑3322, the license of a driver or the driving privilege of a nonresident is suspended or revoked, the department shall not terminate the suspension or revocation or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.

B. If, pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑3320 or 28‑3322, an unlicensed resident is denied a license or permit to operate a motor vehicle, the department shall not issue a license or permit until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.

C. If a person whose license or driving privilege is suspended or revoked pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383 or 28‑1385 is ordered, pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑1385, to attend alcohol or other drug screening, education or treatment, the department shall not either:

1. Terminate the suspension or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof from the treatment facility that the person has completed or is participating satisfactorily in alcohol or other drug screening, education or treatment.

2. Issue a new license or a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title to operate a motor vehicle after the revocation until the person provides proof from the facility that the person has completed the court ordered program.

D. Except as provided in subsection G of this section 28‑3324, on receipt of a report of conviction from a court, the department shall require any motor vehicle the convicted person operates to be equipped with a functioning certified ignition interlock device and the convicted person to meet the requirements prescribed in section 28‑1461 as follows:

1. For twelve months if:

(a) Except as provided in subsection H G of this section, the person is convicted of a violation of section 28‑1381, section 28‑1382, subsection A, paragraph 1 or section 28‑1383, subsection A, paragraph 3, subdivision (a).

(b) The department determines that within a period of eighty‑four months the person is convicted of a second or subsequent violation of section 28‑1381 or section 28‑1382, subsection A, paragraph 1 with a prior conviction of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383.

2. For eighteen months if the person is convicted of a violation of section 28‑1382, subsection A, paragraph 2.

3. For twenty‑four months if:

(a) The person is convicted of a violation of section 28‑1382, subsection A, paragraph 2 and the department determines that within a period of eighty-four months the person has a prior conviction of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383.

(b) The person is convicted of a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4 or paragraph 3, subdivision (b).

E. The requirement prescribed in subsection D of this section begins on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.

F. A person who is required to equip a motor vehicle with a certified ignition interlock device pursuant to this section shall comply with chapter 4, article 5 of this title.

G. The department shall remove the requirement that the person maintain a functioning certified ignition interlock device if the person is only convicted of a violation of section 28‑1381, subsection A, paragraph 3 and completes alcohol or other drug screening required pursuant to section 28‑1387 and the court determines that no alcohol education or treatment is required.

H. G. The department shall defer the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section commencing with the later of six months from the date the interlock was installed or the completion of the requirements of this subsection if all of the following apply:

1. The person is sentenced pursuant to section 28‑1381, subsection I.

2. The person successfully completes an alcohol education program consisting of at least sixteen hours pursuant to section 28‑1381.

3. The person has maintained a functioning ignition interlock device on all motor vehicles the person operates and has met the requirements of section 28‑1461.

4. The person has not attempted to operate a vehicle with an alcohol concentration of 0.08 or more two or more times during the period of license restriction or limitation.

5. At the time of the offense, the person was not involved in a motor vehicle accident that resulted in physical injury or property damage.

6. All necessary compliance information has been provided to the department by the ignition interlock device provider, the alcohol screening program and the alcohol education program.

I. H. The deferment pursuant to subsection H G of this section is permanent, unless the person is arrested for a violation of section 28‑1381, 28‑1382 or 28‑1383 that occurs during the period of the deferment. If the person is arrested as described in this subsection, the department shall revoke the deferment and require the person to complete the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section.

J. I. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28‑1301. END_STATUTE

Sec. 2. Title 28, chapter 8, article 6, Arizona Revised Statutes, is amended by adding section 28-3324, to read:

START_STATUTE28-3324. Functioning certified ignition interlock device requirement; drugs; administrative review; hearing

A. The department shall remove the requirement that a person maintain a functioning certified ignition interlock device pursuant to section 28‑3319 if the department finds that the person is convicted only of any of the following:

1. A violation of section 28-1381, subsection A, paragraph 1 that does not involve intoxicating liquor.

2. A violation of section 28‑1381, subsection A, paragraph 3.

3. A violation of Section 28‑1383 that does not involve intoxicating liquor.

B. An order that requires the installation of a functioning certified ignition interlock device shall state that the department will provide the opportunity for an administrative review if the department receives a written request for an administrative review within fifteen days after the date of the order and the written request states that the person was convicted of a violation of section 28‑1381, subsection a, paragraph 1 or section 28‑1383 and the violation did not involve an intoxicating liquor or that the person was convicted of a violation of section 28‑1381, subsection A, paragraph 3.

c. A request for an administrative review must include all of the following documents that are related to the violation:

1. a report on the violation that was completed by the investigating law enforcement agency.

2. The results of any blood, breath or urine test administered to the person by an accredited crime lab.

3. A certified copy of the court's judgment of guilt and sentence for the violation.

d. A timely request for an administrative review stays the order that requires the installation of a functioning certified ignition interlock device until the department makes a final determination pursuant to this section.

E. after reviewing the documents provided under subsection c of this section, the department may either:

1. remove the requirement that the person maintain a functioning certified ignition interlock device if the department finds that the violation did not involve an intoxicating liquor or that the person was convicted of a violation of section 28‑1381, subsection A, paragraph 3.

2. Order the installation of a functioning certified ignition interlock device if the department finds that the violation involved intoxicating liquor or that the person was not convicted of a violation of section 28‑1381, subsection A, paragraph 3.

3. If an order is issued pursuant to this paragraph, the department must notify the person who requested the administrative review that the person may request an administrative hearing on the issue by submitting a written request within fifteen days AFTER THE date of the order.

F. An administrative hearing requested under subsection E, paragraph 2 of this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306. The scope of the administrative hearing is limited to whether the offense involved an intoxicating liquor or whether the person was convicted of a violation of section 28-1381, subsection a, paragraph 3. The person has the burden of proving that the offense did not involve an intoxicating liquor or that the person was only convicted of a violation of section 28‑1381, subsection A, paragraph 3.

G. After an administrative hearing, if the department finds that the violation did not involve intoxicating liquor or that the person was only convicted of a violation of section 28-1381, subsection A, paragraph 3, the department shall remove any order requiring the installation of a functioning certified ignition interlock device. If the department finds that the violation involved intoxicating liquor or that the person was not convicted only of a violation of section 28-1381, subsection A, paragraph 3, the department shall order the installation of a functioning certified ignition interlock device for the period of time required by section 28‑3319. END_STATUTE