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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
restricted license; DUI; suspension
report
(NOW: restricted license; DUI; suspension)
Purpose
Requires the Arizona Department of Transportation (ADOT) to suspend, rather than revoke, a person's driving privileges for one year for reckless driving, aggressive driving or racing violations and allows the person to apply for a restricted driver license after completing 45 days of the suspension. Requires traffic survival school courses to be completed in person unless a state of emergency has been declared by the Governor and ADOT determines that the emergency prevents courses from being offered safely in person.
Background
If a person's driving privilege has been
restricted, the person may only drive to and from a specified list of
locations, including: 1) the person's residence; 2) the person's employment; 3)
the person's school; 4) health professionals; 5) for screening, education or
treatment for scheduled appointments; 6) for scheduled appointments with
probation officers; 7) a certified ignition interlock device service facility;
8) a location designated for the purpose of parenting time; or
9) transporting a dependent person who is 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
person convicted of a reckless driving offense is guilty of a class 1
misdemeanor and is subject to license revocation if that person commits a
second violation within a 24-month period (A.R.S.
§ 28-693). A person convicted of an aggressive driving violation is guilty
of a class 1 misdemeanor and, if convicted of a second or subsequent aggressive
driving violation within a
24-month period, is subject to a mandatory one-year license revocation (A.R.S.
§ 28-695). A person convicted of a racing on highways is guilty of a class
1 misdemeanor and is subject to license suspension. If that person receives a
second violation, the person is guilty of a class 6 felony, is subject to
license revocation and is not eligible for probation, pardon, suspension of
sentence or release on any other basis until the person has served at least 10
days in jail or prison (A.R.S.
§ 28-708).
Current statute outlines certain actions that elevate a standard DUI to an aggravated DUI, including driving the wrong way on a highway (A.R.S. § 28-1383).
A law enforcement officer is required to submit a certified report to ADOT on forms supplied or approved by ADOT. The certified report must include specified information relevant to the enforcement action. The officer is required to serve an order of suspension that is effective 15 days after the date it is served and cause the immediate surrender of any license or permit to drive issued by Arizona (A.R.S. § 28-1385).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires ADOT to suspend, rather than revoke, a person's driving privilege if the person commits a second or subsequent reckless driving, aggressive driving, or racing on highways violation within a 24-month period.
2. Specifies that a license suspension for a second or subsequent violation of reckless driving or racing on highways within a 24-month period is active for one year, rather than an unspecified amount of time.
3. Allows a person whose driving privilege is suspended due to a second or subsequent violation of reckless driving, aggressive driving or racing on highways within a 24-month period to apply to ADOT for a restricted driver license if the person has completed not less than 45 consecutive days of the suspension period.
4. Modifies the locations between which a person with a restricted driver license may drive to include:
a) any appointment that is required to fulfill a condition or requirement that is imposed on the person by the State of Arizona or a political subdivision of Arizona; and
b) between the person's residence and court-ordered screening, education or treatment for scheduled appointments.
5. Specifies that a person with a restricted driver license may transport a dependent person between the driver's or dependent person's residence and the dependent person's employment, school or medical appointment, regardless of whether the dependent person lives with the driver.
6. Requires a law enforcement agency to forward a certified report of an administered breath test to ADOT within 30 days after an arrest occurs for specified DUI and motor vehicle violations.
7. Requires a law enforcement agency to forward a certified report of a blood, urine or other bodily substance sample within 30 days after the date that the analysis is provided to the law enforcement agency.
8. Specifies that if any certified report is not sent to ADOT within prescribed time limits, the report is inadmissible in a hearing, unless the violation resulted in serious injury or death.
9. Includes wrong way driving violations among the violations that, if committed prior to a reckless driving offense, results in a one-year license suspension.
10. Prohibits traffic survival school courses of instruction from being offered online unless:
a) a state of emergency has been declared by the Governor; and
b) ADOT determines that the emergency prevents courses from being offered safely in person.
11. Allows ADOT to grant a onetime waiver of the in-person requirement if a person demonstrates that completing a traffic survival school course in person would impose a substantial burden on the person.
12. Requires traffic survival schools to consist of at least eight hours of instruction and to include information relating to aggressive driving.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Require a person's driving privileges to be suspended, rather than revoked, for a second or subsequent conviction of reckless driving, aggressive driving or racing.
2. Allow a person to apply to ADOT for a restricted driver license rather than a special ignition interlock restricted driver license, after completing 45 days of the license suspension period.
3. Requires the certified report for a breath test to be forwarded to ADOT within 30 days after a DUI arrest, or, for a blood, urine or bodily substance sample, within 30 days after an analysis is provided to law enforcement in order for a certified report to be admissible in a DUI hearing.
4. Includes a dependent person's residence in the locations between which a driver with a restricted license may transport the dependent person.
5. Includes wrong way driving violations among the violations that, if committed prior to a reckless driving offense, results in a one-year license suspension.
6. Removes language relating to wrong way driving violations.
7. Makes technical and conforming changes.
Amendments Adopted by Conference Committee
1. Prohibits traffic survival school courses from being offered online unless there is an existing state of emergency that prevents courses from being conducted safely in person.
2. Allows ADOT to provide a onetime waiver to a person enrolled in traffic survival school if attending a traffic survival school course in-person would impose a substantial burden on the person.
3. Requires traffic survival school courses to consist of at least eight hours of instruction and include information relating to aggressive driving.
4. Makes technical changes.
House Action Senate Action
MAPS 2/15/21 DP 14-0-0-0 TAT 3/22/21 DPA 8-0-1
3rd Read 2/23/21 59-0-1 3rd Read 5/3/21 30-0-0
Prepared by Senate Research
May 13, 2021
ZD/SS/kja