HB2285 - 502R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-1381, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. While there is any drug defined in section 13‑3401 or its metabolite in the person's body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28‑3001 and the person has an alcohol concentration of 0.04 or more.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

D. A person using a drug as prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.

E. In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28‑1382 or section 28‑1383 occurring within the past thirty‑six months, unless there is an insufficient legal or factual basis to do so.

F. At the arraignment, the court shall inform the defendant that if the state alleges a prior conviction the defendant may request a trial by jury and that the request, if made, shall be granted.

G. In a trial, action or proceeding for a violation of this section or section 28‑1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:

1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.

2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.

H. Subsection G of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.

I. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars.

3. May be ordered by a court to perform community restitution.

4. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

5. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

6. Shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

K. If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28‑1382 or 28‑1383, the person:

1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than five hundred dollars.

3. Shall be ordered by a court to perform at least thirty hours of community restitution.

4. Shall have the person's driving privilege revoked for one year. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

5. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

6. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

L. Notwithstanding subsection K, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

M. In applying the eighty-four month provision of subsection K of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

N. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

O. After completing forty-five days of the revocation period prescribed by subsection K of this section, a person whose driving privilege is revoked for a violation of this section and who is sentenced pursuant to subsection K of this section is eligible for a special ignition interlock restricted driver license pursuant to section 28‑1401. END_STATUTE

Sec. 2. Section 28-1401, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1401. Special ignition interlock restricted driver licenses; application fee

A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28‑1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28‑1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to any of the following:

1. Section 28-1321, if the person meets the criteria of section 28‑1321, subsection P.

2. Section 28-1381, if the person meets the criteria of section 28‑1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

3. Section 28-1382, if the person meets the criteria of section 28‑1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

4. Section 28-1383, if the person meets the criteria of section 28‑1383, subsection K and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

5. Section 28-1385, if the person meets the criteria of section 28‑1385, subsection G.

B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.

C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28‑3320 and 28‑3322 subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock requirements prescribed in article 5 of this chapter.

D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.

E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28‑3319.

F. The department shall make a notation on a special ignition interlock restricted driver license that is issued to a person who is placed in a continuous alcohol monitoring program pursuant to section 28-3319, subsection I H. END_STATUTE

Sec. 3. Section 28-1464, Arizona Revised Statutes, is amended to read:

START_STATUTE28‑1464. Ignition interlock devices; violations; classification; definition

A. A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 and who is required to operate a motor vehicle owned by the person's employer in the course and scope of the person's employment may operate that motor vehicle without the installation of a certified ignition interlock device if the person notifies the person's employer that the person, in conjunction with the person's sentence or if the person has been issued a special ignition interlock restricted driver license pursuant to section 28‑1402, has specific requirements in order to operate a motor vehicle and the nature of the requirements and the person has proof of the employer's notification in the person's possession while operating the employer's motor vehicle for normal business. For the purposes of this subsection, a motor vehicle that is partly or entirely owned or controlled by the person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402 is not a motor vehicle that is owned by an employer.

B. Except in cases of a substantial emergency, a person shall not knowingly rent, lease or lend a motor vehicle to a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402 unless the motor vehicle is equipped with a functioning certified ignition interlock device.

C. A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 and who rents, leases or borrows a motor vehicle from another person shall notify the person who rents, leases or lends the motor vehicle to the person that the person has specific requirements for the operation of the motor vehicle and the nature of the requirements.

D. During any period when a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402 is required to operate only a motor vehicle that is equipped with a certified ignition interlock device, the person shall not request or permit any other person to breathe into the ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person with an operable motor vehicle.

E. A person shall not breathe into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402.

F. A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 shall not tamper with or circumvent the operation of an ignition interlock device.

G. A person who is not a manufacturer's authorized installer or an agent of a manufacturer's authorized installer and who is not a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 shall not tamper with or circumvent the operation of an ignition interlock device.

H. Except as provided in subsection A of this section or in cases of substantial emergency, a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402 shall not operate a motor vehicle without a functioning certified ignition interlock device during the applicable time period.

I. If the ignition interlock device is removed from a vehicle by an installer, the installer shall electronically notify the department in a form prescribed by the department that the ignition interlock device has been removed from the vehicle.

J. If the person does not provide evidence to the department within seventy-two hours that the person has installed a functioning certified ignition interlock device in each vehicle operated by the person and has provided proof of installation to the department, the department shall suspend the special ignition interlock restricted driver license or privilege as prescribed in section 28‑1463.

K. A person who is ordered by the court or required by the department pursuant to section 28-3319 to equip any motor vehicle the person operates with a certified ignition interlock device shall while under arrest submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.

L. A person shall comply with the requirements of a continuous alcohol monitoring program ordered pursuant to section 28‑3319, subsection I H.

M. A person who violates this section is guilty of a class 1 misdemeanor. Additionally, if a person is convicted of violating subsection A, C, D, F or H of this section, the department shall extend the duration of the certified ignition interlock device requirement for not more than one year.

N. For the purposes of this section, "substantial emergency" means that a person other than the person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 is not reasonably available to drive in response to an emergency. END_STATUTE

Sec. 4. Section 28-3319, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3319. Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition

A. If, pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑3320 or 28‑3322, the license of a driver or the driving privilege of a nonresident is suspended or revoked, the department shall not terminate the suspension or revocation or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.

B. If, pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑3320 or 28‑3322, an unlicensed resident is denied a license or permit to operate a motor vehicle, the department shall not issue a license or permit until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title.

C. If a person whose license or driving privilege is suspended or revoked pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383 or 28-1385 is ordered, pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28-1385, to attend alcohol or other drug screening, education or treatment, the department shall not either:

1. Terminate the suspension or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof from the treatment facility that the person has completed or is participating satisfactorily in alcohol or other drug screening, education or treatment.

2. Issue a new license or a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title to operate a motor vehicle after the revocation until the person provides proof from the facility that the person has completed the court ordered program.

D. Except as provided in subsection G of this section, on receipt of a report of conviction from a court, the department shall require any motor vehicle the convicted person operates to be equipped with a functioning certified ignition interlock device and the convicted person to meet the requirements prescribed in section 28‑1461 as follows:

1. For twelve months if:

(a) Except as provided in subsection H of this section, The person is convicted of a violation of section 28‑1381, section 28‑1382, subsection A, paragraph 1 or section 28‑1383, subsection A, paragraph 3, subdivision (a).

(b) The department determines that within a period of eighty‑four months the person is convicted of a second or subsequent violation of section 28‑1381 or section 28-1382, subsection A, paragraph 1 with a prior conviction of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383.

2. For eighteen months if the person is convicted of a violation of section 28‑1382, subsection A, paragraph 2.

3. For twenty-four months if:

(a) The person is convicted of a violation of section 28‑1382, subsection A, paragraph 2 and the department determines that within a period of eighty-four months the person has a prior conviction of a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383.

(b) The person is convicted of a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4 or paragraph 3, subdivision (b).

E. The requirement prescribed in subsection D of this section begins on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.

F. A person who is required to equip a motor vehicle with a certified ignition interlock device pursuant to this section shall comply with chapter 4, article 5 of this title.

G. The department shall remove the requirement that the person maintain a functioning certified ignition interlock device if the person is only convicted of a violation of section 28-1381, subsection A, paragraph 3 and completes alcohol or other drug screening required pursuant to section 28‑1387 and the court determines that no alcohol education or treatment is required.

H. The department shall defer the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section commencing with the later of six months from the date the interlock was installed or the completion of the requirements of this subsection if all of the following apply:

1. The person is sentenced pursuant to section 28‑1381, subsection I.

2. The person successfully completes an alcohol education program consisting of at least sixteen hours pursuant to section 28‑1381.

3. The person has maintained a functioning ignition interlock device on all motor vehicles the person operates and has met the requirements of section 28‑1461.

4. The person has not attempted to operate a vehicle with an alcohol concentration of 0.08 or more two or more times during the period of license restriction or limitation.

5. At the time of the offense, the person was not involved in a motor vehicle accident that resulted in physical injury or property damage.

6. All necessary compliance information has been provided to the department by the ignition interlock device provider, the alcohol screening program and the alcohol education program.

I. The deferment pursuant to subsection H of this section is permanent, unless the person is arrested for a violation of section 28‑1381, 28‑1382 or 28‑1383 that occurs during the period of the deferment. If the person is arrested as described in this subsection, the department shall revoke the deferment and require the person to complete the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section.

J. H. On a showing of sufficient medical evidence or an employment requirement, the department may allow a person who is unable to operate an ignition interlock device to be placed in a continuous alcohol monitoring program instead of equipping any motor vehicle the person operates with an ignition interlock device. The person shall bear the cost of all testing, monitoring and enrollment in the continuous alcohol monitoring program. A person who is placed in a continuous alcohol monitoring program pursuant to this subsection shall remain in the program for the same amount of time the person is required to maintain an ignition interlock device. During the period of continuous alcohol monitoring the person shall be tested at a minimum once a day for the use of alcoholic beverages by a scientific method that is chosen by the director. If the person tests positive for alcohol two times, the department shall discontinue the continuous alcohol monitoring and require the person to install a certified ignition interlock device as otherwise provided by law.

K. I. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28‑1301. END_STATUTE