ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session

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HB 2904: restricted license; DUI; suspension (Substituted for SB 1832)

Sponsor:  Representative Payne, LD 21

House Engrossed

HB2904 originally passed the House as HB2296 and was one of 22 bills recently vetoed by the Governor.

Committee on Military Affairs & Public Safety

House: MAPS 14-0-0-0 | 3^rd Read 59-0-1-0

Senate: TAT DPA 8-0-1-0 | 3^rd Read: 30-0-0-0

Final Read: House 31-29-0-0 | Senate 22-7-1-0

Overview

Modifies requirements relating to restricted driver licenses and certified reports issued for an arrest of driving under the influence (DUI). Requires traffic survival school instruction courses to include information related to aggressive driving and be offered and completed only in person unless the Governor declares a state of emergency.

History

Currently, a person's driving privileges are limited if there is a restriction placed on a person's driver license or permit as a result of a conviction related to transportation violations.  The places a person is limited to when there is a restriction on a license is between:

1) The person's residence and place of employment (job) during specified periods of time at the person's job;

2) The person's residence or job and the person's school according to the employment or education schedule;

3) The person's residence, job or school and a health professional's office;

4) The person's residence, job or school and a screening, education or treatment facility for scheduled appointments;

5) The person's residence, job or school and the person's probation officer's office for scheduled appointments;

6) The person's residence, job or school and a certified ignition interlock device service facility;

7) The person's residence and a location designated for the purpose of parenting time; and

8) To transport a dependent person living with the driver, between the driver's residence and the dependent person's employment, school or medical appointment (A.R.S. § 28-144).

A law enforcement officer is required to forward to ADOT a certified report, subject to penalty of perjury, when the officer arrests a person for a DUI offense. The officer must make the certified report on forms supplied by ADOT that contain information related to the grounds for the arrest (A.R.S. § 28-1385).

Provisions

1. Modifies the applicable purposes that a person may drive with a restriction on their driver license or permit as follows:

a) Specifies an appointment with a probation officer includes any appointment that is required to fulfill a condition or requirement that is imposed by the state or a political subdivision;

b) Allows the transport of dependents from the driver's or dependent person's residence and the dependent person's employment, school, or medical appointment; and

c) Allows the person to drive between the person's residence and court-ordered screening, education or treatment for scheduled appointments. (Sec. 1)

2. States a person whose driving privilege is suspended for a violation of reckless driving, aggressive driving or racing on highways and who is sentenced is eligible for a restricted driver license after completing at least 45 consecutive days of the suspension period required. (Sec. 2-4)

3. Requires ADOT to suspend the driving privilege of a person for one year if the person is convicted of reckless driving and has been previously convicted of wrong way driving within 24 months. (Sec. 4)

4. Specifies that a law enforcement officer must forward a DUI certified report to ADOT if the person submits to a test of the person's blood, breath, urine or other bodily substance. (Sec. 5)

5. Directs a law enforcement agency to forward a breath test certified report or a blood, urine or bodily substance sample analysis to ADOT within 30 days after a DUI arrest or a sample analysis is provided to law enforcement respectively for a certified report to be admissible in a DUI hearing. (Sec. 5)

6. Stipulates that the certified report is inadmissible if the report is not forwarded to ADOT within the established timeline unless the violation resulted in a death or serious physical injury. (Sec. 5)

7. Requires traffic survival school instruction courses to:

a) Consist of at least eight hours of instruction and include information related to aggressive driving; and

b) Be offered and completed in person and not online unless the Governor declares a state of emergency. (Sec. 11)

8. Allows ADOT to grant a person a one-time waiver of the in-person requirement if the person demonstrates to ADOT that completing the course in person would impose a substantial burden. (Sec. 11)

9. Makes technical and conforming changes. (Sec. 1-11)

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13.                   HB 2904

14. Initials ES  Page 0 House Engrossed

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