ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1307: DUI; license reinstatement; evaluation requirements |
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PRIME SPONSOR: Senator Livingston, LD 22 BILL STATUS: Transmitted to Governor |
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Modifies the date when a certified ignition
interlock device (IID) is required to be equipped in a vehicle and the evaluation
requirements relating to the reinstatement of a license.
History
It is unlawful for a person to drive under the influence (DUI) of intoxicating liquor at an alcohol concentration of 0.08 or more, or any drug that impairs to the slightest degree. A person convicted of a violation may be ordered by the court to equip any motor vehicle the person operates with an IID for more than 12, 18 or 24 months, depending on the severity of the DUI offense. The IID is required to be equipped beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the Arizona Department of Transportation (ADOT) receives the report of conviction, whichever occurs later. (A.R.S. §§ 28-1381, 28-1382, 28-1383, and 28-3319).
ADOT is required to suspend a person's driver license if the person is accused of a DUI violation. The license is prohibited from being reinstated until an alcohol or drug screening is provided by a facility approved by the Arizona Department of Health Services, the U.S. Department of Veterans Affairs, or a probation department (A.R.S. § 28-1385). If a person's license or driving privilege is suspended or revoked for a DUI, ADOT is prohibited from reinstating a license or driving privilege until completion of the alcohol or drug program (A.R.S. § 28-3319).
Pursuant to A.R.S. § 28-3315, a person whose driver license is revoked is permitted to apply for a new license after the expiration of the revocation period. ADOT is required to investigate the applicants driving record to ensure certain conditions are met. For a revocation involving alcohol or drugs, ADOT must also receive an evaluation from a physician, psychologist or substance abuse counselor indicating that the person's condition does not affect or impair their ability to safely operate a vehicle.
Provisions
1. Modifies the date an IID is required to be equipped in a vehicle to the date a person:
a. successfully completes the alcohol or drug screening, education or treatment program requirements; and
b. is otherwise eligible to reinstate the person's driver license (Sec. 1-3, 7)
2. Adds that a substance abuse counselor may provide an alcohol or drug screening. (Sec. 4)
3. Allows a person whose license has been revoked to apply for reinstatement, rather than for a new license. (Sec. 6)
4. Adds that physician assistants and registered nurse practitioners may submit an evaluation to ADOT for the reinstatement of a revoked license relating to alcohol or drugs.
a. Requires the evaluation to be performed within the previous 12 months.
5. Adds physician assistants and registered nurse practitioners may submit an evaluation to ADOT for issuing a new license after a suspension for a medical condition related to alcohol or drugs. (Sec. 6)
6. Specifies that a driver license application from an unlicensed driver who committed an offense that could lead to revocation is prohibited unless it includes an evaluation from a physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor. (Sec. 6)
7. Adds that physician assistants and registered nurse practitioners may request IID data from an IID manufacturer when evaluating a person's ability to safely operate a vehicle after a revocation. (Sec. 5)
8. Adds that a licensed treatment facility may provide ADOT with proof that a person has completed or is participating satisfactorily in an alcohol or drug screening, education or treatment. (Sec. 7)
9. Defines terms. (Sec. 6)
10. Makes technical changes (Sec. 1-3, 6-7)
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Fifty-fourth Legislature SB 1307
First Regular Session Version 4: Transmitted
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