ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2296: restricted license; DUI; suspension report

Sponsor: Representative Payne, LD 21

Committee on Military Affairs & Public Safety

Overview

Describes restrictions on a driver license or permit in cases of driving under the influence.

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).

Provisions

1.   Allows a person with a restriction on their driver license or permit to:

a)   Transport a dependent person between the driver's residence and the dependent persons employment, school or medical appointment; and

b)   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 revoked for a violation of reckless driving and who is sentenced is eligible for a special ignition interlock restricted driver license after completing at least 45 consecutive days of the revocation period required. (Secs. 2-4)

3.   States a person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person is driving under the influence and the wrong way on a controlled access highway or state highway. (Sec. 5)

4.   Requires a law enforcement officer to forward the certified report for certain violations to ADOT within 30 days after arrest. (Sec. 6)

5.   Prohibits the report to be used against the person and the person's driving privilege to drive is not subject to any penalties. (Sec. 6)

6.   Allows the 30-day requirement to be extended if a chemical test laboratory analysis capable of determining alcohol concentration (test) is not completed within 30 days after the arrest occurs. (Sec. 6)

7.   Directs the law enforcement officer to forward the certified report to ADOT within 30 days after the date the chemical test result is created if the test is not completed within the 30-day period required. (Sec. 6)

8.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical changes. (Secs. 1, 2, 4, 6, 8, 9)

9.   Makes conforming changes. (Secs. 3, 4, 6, 7, 8, 9)

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13.                    HB 2296

14.  Initials ES/SM       Page 0 Military Affairs & Public Safety

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