ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DPA 10-0-0-0

HB 2187: DUI; administrative suspension; license revocation

Sponsor:  Representative Pratt, LD 8

Caucus & COW

Overview

Requires driver license revocation by the Arizona Department of Transportation (ADOT) for aggravated driving under the influence. Modifies the list of restrictions for license suspension.

History

ADOT is required to suspend an individual's driver license when it receives notice that the individual received a final conviction for certain crimes, including for conviction or forfeiture of bail not vacated on a second charge of driving while under the influence or driving while under the severe influence (A.R.S. § 28-3304).

Aggravated driving under the influence occurs when an individual drives or is in actual physical control while under the influence of intoxicating liquor or drugs and:

1)   Has had the privilege to drive suspended or restricted;

2)   Has driven under the influence two or more times in the preceding 84-month period;

3)   Has a person under fifteen years of age in the vehicle;

4)   Is ordered to operate a certified ignition interlock device; or

5)   Drives on the wrong way on a highway (A.R.S. § 28-1383).

A restriction on a person's driver license following a conviction limits the privilege to drive to a list of destinations and time periods, including between the person's residence and place of employment, school, the office of a health professional and others (A.R.S. § 28-144).

Provisions

1.   Adds aggravated driving or actual control under the influence to the list of offenses for which ADOT shall revoke a license. (Sec. 2)

2.   Expands list of possible destinations to include:

a)   Certified ignition interlock device service facilities;

b)   A location for the purpose of parenting time; and

c)   A dependent's employment, school or medical appointment. (Sec. 1)

3.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical changes. (Sec. 1, 2)

Amendment

Committee on Judiciary

1.   Removes revocation of a driver license after two offenses of aggravated driving under the influence and replaces it with revocation after three or more offenses of aggravated driving under the influence.

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5.                     HB 2187

6.   Initials LC/AF        Page 0 Caucus & COW

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