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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
DUI; license reinstatement; evaluation requirements
Purpose
Modifies the start date of when a person is required to equip an ignition interlock device (IID) to when the person complies with alcohol or drug screening as is required for driver license reinstatement.
Background
Statute requires a person who is found guilty of driving under the influence (DUI) of intoxicating liquor with an alcohol concentration of 0.08 or higher, or under the influence of any impairing drug or combination of alcohol and drugs, to equip any motor vehicle the person operates with a certified IID. A court may order that any vehicle be equipped with a IID for a period of more than 12 months, which begins either upon reinstatement of a person's driving privilege or upon the Arizona Department of Transportation's (ADOT) receipt of the person's conviction report, whichever occurs later. IIDs may be required to be equipped for longer periods of time for extreme DUIs, aggravated DUIs and subsequent violations (A.R.S. §§ 28-1381; 28-1382; 28-1383; and 28-3319)
A person whose driving privilege or license is suspended is required to complete alcohol or drug screening, which is provided by the Department of Health Services, the United States Department of Veterans Affairs, or a probation department (A.R.S. § 28-1445). A person wishing to apply for reinstatement of the person's license must provide the ADOT with an evaluation by a physician, psychologist or substance abuse counselor indicating that the persons' ability to safely operate a motor vehicle is not impaired by a condition related to alcohol or other drugs (A.R.S. § 28-3315).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the start date of when a person is required to equip their vehicle with an IID to when a person complies with alcohol or drug screening, education or treatment as is required for driver license reinstatement.
2. Includes a physician assistant and a registered nurse practitioner among the professionals from whom ADOT may accept an evaluation when determining if a person's driver license should be reinstated.
3. Specifies that an evaluation must have been performed within the last 12 months.
4. Includes registered nurse practitioners among the professions that are allowed to request IID data from an IID manufacturer when evaluating a person's ability to safely operate a motor vehicle after license revocation.
5. Specifies that a person whose license has been suspended or revoked may apply to have their license reinstated, rather than have a new license issued.
6. Specifies that when a person applies for a new license after revocation, ADOT must receive an evaluation from a physician, psychologist, physician assistant, substance abuse counselor or registered nurse practitioner on the habits and driving ability of the applicant.
7. Defines relevant terms.
8. Makes technical changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Includes registered nurse practitioners among the professions from whom ADOT may accept an evaluation when determining if a person's driver license should be reinstated.
2. Includes registered nurse practitioners among the professions that can request IID data from an IID manufacturer when evaluating a person's ability to safely operate a motor vehicle.
3. Makes conforming changes.
Senate Action
TPS 2/6/19 DPA 8-0-0
Prepared by Senate Research
February 13, 2019
ZD/gs