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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
DUI; alternative treatment
Purpose
Allows a court to order a person convicted of driving under the influence (DUI), at the person's option, to participate in a religious program that is approved by the court. Adds evidence-based psychotherapy as an option for required court-ordered treatment.
Background
A person commits DUI by: 1) driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, vapor or any combination thereof if the person is impaired to the slightest degree; 2) having a blood alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of a vehicle; or 3) having a blood alcohol concentration of 0.04 or more if the vehicle is a commercial motor vehicle or a vehicle for hire.
A person who is convicted of a DUI must: 1) be sentenced to serve at least 10 consecutive days in jail; 2) pay a fine of at least $250; 3) pay additional assessments of $500 to be deposited in the Prison Construction and Operations Fund and $500 to be deposited in the Public Safety Equipment Fund; 4) if the violation involves intoxicating liquor, equip any motor vehicle the person operates with a certified ignition interlock device (IID); and 6) attend and successfully complete an approved traffic survival school course. At the time of sentencing a judge may suspend all but one day in jail for a first conviction or all but 30 days for a second conviction if the person completes a court ordered alcohol or drug screening, education or treatment program. The person may also be ordered to perform community restitution.
A person whose driving privilege is suspended must complete an alcohol or drug screening, provided by a facility approved by the Department of Health Services, the U.S. Department of Veterans Affairs, an addiction counselor or a probation department. The court may order the person to equip any motor vehicle the person operates with a IID for more than 12 months beginning on the date the person successfully completes the required alcohol or drug screening, education or treatment program and the person is otherwise eligible to reinstate the person's driver license or driving privilege (A.R.S. §§ 28-1381 and 28-1445).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a court to order a person convicted of a DUI, at the person's option, to participate in a religious program that is approved by the court.
2. Stipulates that the person's participation in a religious program must be voluntary.
3. Prohibits the purpose of the religious program from including any effort to coerce the person to adopt or change any religious affiliation or beliefs.
4. Adds evidence-based psychotherapy as an alternative to the alcohol or drug screening, education or treatment program imposed on a person convicted of a DUI.
5. Defines evidence-based psychotherapy as psychotherapy services that are offered by a licensed psychologist and who integrates the best available scientific research with clinical expertise based on the context of the patient's characteristics, culture and preferences.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the ability for participation in a religious program to serve as an alternative to other conditions imposed for a DUI conviction.
House Action Senate Action
TI 2/12/25 DP 6-1-0-0 JUDE 3/12/25 DPA 4-3-0
3rd Read 3/12/25 4-3-0
Prepared by Senate Research
March 21, 2025
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