ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: JUD DPA 8-0-0-0 | 3rd Read: 26-1-3-0

House: JUD DPA 10-0-0-0

SB 1334: DUI; license suspensions; restrictions

Sponsor: Senator Pace, LD  25

Caucus & COW

Overview

Authorizes a person to voluntarily request an ignition interlock restricted driver's license following the indictment of an applicable crime provided the person meets specified requirements; enables the person to reduce the future time spent with an ignition interlock device after a conviction.

History

Driving Under the Influence

The crime of driving under the influence (DUI) occurs when a person is driving or in actual physical control of a vehicle under the following circumstances:

1)   While under the influence of intoxicating liquor, a drug or vapor releasing substance or a combination of such substances;

2)   The person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of a vehicle;

3)   While under the influence of specified drugs; or

4)   If the vehicle is a commercial motor vehicle and the driver has an alcohol concentration of 0.04 or more.

DUI, alcohol concentration of 0.08 or more, and driving under the extreme influence of alcohol, alcohol concentration of 0.15 or more, are class 1 misdemeanors. Aggravated DUI is a class 6 felony or a class 4 felony if the person has committed three DUI violations within 84 months or the individual's driver license is suspended, canceled, revoked or refused (A.R.S. §§ 28-1381, 28-1382, 28-1383).

Implied Consent

Individuals who operate motor vehicles in Arizona are considered to have provided implied consent to tests of blood, breath, urine or other bodily substance to determine alcohol or drug concentration. The tests for determining the alcohol or drug concentration are chosen by the law enforcement agency and administered by a peace officer (A.R.S. § 28-1321).

Ignition Interlock Restricted Driver Licenses

Following a conviction for specified DUI offenses, a person may apply for a special ignition interlock restricted driver license through the Arizona Department of Transportation (ADOT). If ADOT allows a person to obtain a special ignition interlock restricted driver license, they are required to pay for the costs of installation and maintenance and must comply with other specified requirements (A.R.S. §§ 28-1401, 28-1461).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteIncreases the duration of an order of suspension of a person's driver's license from 15 days to 30 days, if the individual refused a peace officer's choice of DUI test, and were involved in:

a)   A traffic accident resulting in death or serious injury; or

b)   Any specified DUI offense. (Sec. 1, 2)

2.   Requires a peace officer to issue a temporary driving permit effective for 30 days if a valid license is surrendered following a person's refusal of a peace officer's choice of DUI test, and the person was involved in:

a)   A traffic accident resulting in death or serious bodily injury; or

b)   Any specified DUI offense. (Sec. 1, 2)

3.   States a person is entitled to seek judicial review within 30 days following a suspension order being sustained at hearing and specifies exceptions. (Sec. 2)

4.   Removes the minimum time requirement for a person to apply for a special ignition interlock restricted driver license, provided the person has completed any alcohol or other drug screening ordered by the Department of Transportation. (Sec. 2)

5.   Allows the Department of Transportation to issue a special ignition interlock restricted driver license if the person makes a request and meets the following requirements:

a)   Did not cause death or serious injury during the original conduct;

b)   Has not been convicted of specified DUI offenses within the last 84 months; and

c)   Provides evidence of the person's completion of alcohol and other drug screening ordered by the department. (Sec. 3)

6.   Specifies a person is only eligible for a special ignition interlock restricted driver license if the individual's driving privileges have been restricted, suspended or revoked and the offense involved only alcohol or a combination of alcohol and drugs if the person's alcohol concentration is 0.08 or more. (Sec. 3)

7.   Removes statute stating the granting of a special ignition interlock restricted driver license does not eliminate the required use of an ignition interlock device. (Sec. 5)

8.   Repeals the requirement that issuing a special ignition interlock driver license comply with specified driver license or permit restrictions. (Sec. 6)

9.   States, following a person's conviction of a DUI offense, the time the person utilized a special ignition interlock device is subtracted from the total time ADOT requires the person to use an ignition interlock device. (Sec. 7)

10.  Makes technical and conforming changes. (Sec. 1-7)

Amendments

Committee on Judiciary

1.   Corrects an engrossing error by removing a section of unamended statute.

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5.                     SB 1334

6.   Initials LC/JH        Page 0 Caucus & COW

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