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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
restricted license; DUI; suspension report
Purpose
Expands qualifications for a person to be eligible for a special ignition interlock restricted driver license (SIIRDL). Modifies locations between which a person can drive with a restricted driver license. Modifies procedures for administrative license suspensions relating to a driving under the influence (DUI) violation.
Background
If
a person's driving privilege has been restricted, the person may only drive to
and from a specified list of locations, including: 1) the person's residence;
2) the person's employment; 3) the person's school; 4) health professionals; 5)
for screening, education or treatment for scheduled appointments; 6) for scheduled
appointments with probation officers; 7) a certified ignition interlock device
service facility; 8) a location designated for the purpose of parenting time;
or
9) transporting a dependent person who is 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 person convicted of
a reckless driving offense is guilty of a class 1 misdemeanor and is subject to
license revocation if that person commits a second violation within a 24-month
period (A.R.S.
§ 28-693). A person convicted of an aggressive driving violation is guilty
of a class 1 misdemeanor and, if convicted of a second or subsequent aggressive
driving violation within a
24-month period, is subject to a mandatory one-year license revocation (A.R.S.
§ 28-695). A person convicted of a racing on highways is guilty of a class
1 misdemeanor and is subject to license suspension. If that person receives a
second violation, the person is guilty of a class 6 felony, is subject to
license revocation and is not eligible for probation, pardon, suspension of
sentence or release on any other basis until the person has served at least 10
days in jail or prison (A.R.S.
§ 28-708).
Current statute outlines certain actions that elevate a standard DUI to an aggravated DUI, including driving the wrong way on a highway (A.R.S. § 28-1383).
A law enforcement
officer is required to submit a certified report to the Arizona Department of
Transportation (ADOT) on forms supplied or approved by ADOT. The certified
report must include specified information relevant to the enforcement action.
The officer is required to serve an order of suspension that is effective 15
days after the date it is served and cause the immediate surrender of any
license or permit to drive issued by Arizona (A.R.S.
§ 28-1385).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the locations between which a person with a restricted driver license may drive to include:
a) any appointment that is required to fulfill a condition or requirement that is imposed on the person by the State of Arizona or a political subdivision of Arizona; and
b) between the person's residence and court-ordered screening, education or treatment for scheduled appointments.
2. Specifies that a person with a restricted driver license may transport a dependent person between the driver's residence and the dependent person's employment, school or medical appointment, regardless of whether the dependent person lives with the driver.
3. Specifies that a person whose driving privilege is revoked due to a second violation of reckless driving, aggressive driving or a racing on highways within a 24-month period is eligible for a SIIRDL if the person has completed not less than 45 consecutive days of the revocation period.
4. Specifies that a person is guilty of an aggravated DUI if the person commits a DUI violation while driving the wrong way on a controlled-access highway or state highway with a posted speed limit of 50 miles per hour or more, rather than driving the wrong way on a highway.
5. Requires a law enforcement officer to forward a certified report to ADOT within 30 days after an arrest occurs for specified DUI and motor vehicle violations.
6. Specifies that if a certified report is not sent to ADOT within 30 days after an arrest, the report is prohibited from being used against the person and the person's privilege to drive is not subject to any penalties, unless the violation resulted in serious injury or death.
7. Allows the 30-day reporting period to be extended if a chemical blood test laboratory analysis capable of determining blood alcohol concentration is not completed within 30 days after the arrest occurs.
8. Requires the law enforcement officer to forward the certified report to ADOT within 30 days after the date the chemical test result is created, if a chemical test is not completed within the 30-day period.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
House Action
MAPS 2/15/21 DP 14-0-0-0
3rd Read 2/23/21 59-0-1
Prepared by Senate Research
March 18, 2021
ZD/SS/kja