ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: MAPS 14-0-0-0 | 3rd Read 59-0-1-0

Senate: TAT DPA 8-0-1-0 | 3rd Read: 30-0-0-0

HB 2296: restricted license; DUI; suspension report

Sponsor: Representative Payne, LD 21

Senate Engrossed

Overview

Modifies requirements relating to restricted driver licenses and the certified report issued for an arrest of driving under the influence (DUI).

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).

A law enforcement officer is required to forward to ADOT a certified report, subject to penalty of perjury, when the officer arrests a person for a DUI offense. The officer must make the certified report on forms supplied by ADOT that contain information related to the grounds for the arrest (A.R.S. § 28-1385).

Provisions

1.   Modifies the applicable purposes that a person may drive with a restriction on their driver license or permit as follows:

a)   Specifies an appointment with a probation officer includes any appointment that is required to fulfill a condition or requirement that is imposed by the state or a political subdivision;

b)   Allows the transport of dependents to certain locations whether the dependent lives with the driver or not; and

c)   Allows the person to 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, aggressive driving or racing on highways 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. (Sec. 2-4)

3.   Specifies that 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 the wrong way on a controlled access highway or state highway section with a posted speed limit of 50 miles per hour or more. (Sec. 5)

4.   Requires a law enforcement officer to forward the certified report for DUI 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 if the report is not forwarded to ADOT within the time limit required. (Sec. 6)

6.   Allows the 30-day requirement to be extended if a chemical test laboratory analysis capable of determining blood 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 blood 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 and conforming changes. (Sec. 1-4, 6-9)

Senate Amendments

1.   Includes transporting a dependent person between the dependent person's residence and the dependent person's employment, school or medical appointment as an applicable purpose in which a person may drive with a restriction on their driver license or permit.

2.   Requires a person's driving privileges to be suspended, rather than revoked, for a second or subsequent conviction of reckless driving, aggressive driving or racing on highways.

3.   Requires ADOT to suspend the driving privilege of a person for one year if the person is convicted of reckless driving and has been previously convicted of wrong way driving within 24 months.

4.   Allows a person to apply for a restricted driver license, rather than a special ignition interlock restricted driver license, after completing 45 consecutive days of the required suspension period.

5.   Removes section five from the bill relating to wrong way driving violations.

6.   Directs a breath test certified report or a blood, urine or bodily substance sample analysis to be forwarded to ADOT within 30 days after a DUI arrest or a sample analysis is provided to law enforcement respectively for a certified report to be admissible in a DUI hearing.

7.   Makes technical and conforming changes.

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11.                    HB 2296

12.  Initials ES/SM       Page 0 Senate Engrossed

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