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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2573: DUI; alternative treatment
Sponsor: Representative Martinez, LD 16
Committee on Transportation & Infrastructure
Overview
Revises regulation related to driving under the influence (DUI). Allows a first-time offender of aggravated driving or actual physical control of a vehicle while under the influence of intoxicating liquor or drugs, to request a hearing to determine if the defendant is eligible to serve in a home detention program. Expands eligibility for DUI convicts to apply for a special interlock restricted driver license (restricted license), including those under evidence-based psychotherapy.
History
By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity, a county may establish a home detention program for persons who are sentenced to jail confinement related to a DUI violation. A prisoner placed under the program must bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs.
A county may establish a continuous alcohol monitoring program for persons sentenced to jail confinement related to a DUI violation, which must be treated the same as confinement in jail. The presiding justice of the peace of the county justice court must approve the program before its implementation. A prisoner placed under a continuous alcohol monitoring program must bear the cost of all testing, monitoring and enrollment in the program and pay $30 per month while in the program (A.R.S. § 11-251.15).
It is unlawful for a person to drive or be in actual physical control of a vehicle 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 and if the person has an alcohol concentration of 0.08 or more within two hours of driving (A.R.S. § 28-1381).
A person whose class D or class G license has been suspended or revoked due to specific alcohol-related offenses may apply to Arizona Department of Transportation (ADOT) for a restricted license that allows the person to operate a vehicle during the period of suspension or revocation subject to the restrictions of the certified ignition interlock device (certified device), if the person's driving privilege has been restricted, suspended or revoked and the offense involved only alcohol or a combination of drugs and alcohol if the person's alcohol concentration is 0.08 or more (A.R.S. § 28-1401).
Provisions
1. Allows a person, convicted of their first offense of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs, to request a hearing in the same jurisdiction that rendered the sentence to determine if the defendant is eligible to serve in a home detention program. (Sec. 3)
2. Requires a home detention program to:
a. be ordered at a hearing not later than 10 days after the person's timely filing of an appeal;
b. be ordered by the court based on the following factors, with the state bearing the burden to prove ineligibility of the defendant's flight risk and whether the defendant is a danger to the public or to themselves;
c. not suspend the underlying sentence, the defendant must be given one day credit toward the underlying sentence for every one day served in home detention; and
d. require the person to equip each vehicle that is operated by the person with a certified device within 20 days after the order for home detention and maintain the certified device for the duration of home detention, the period of use of the certified device must count toward any certified device requirement imposed either judicially or administratively. (Sec. 3)
3. Removes the requirement for a DUI convict to serve any of their minimally required jail time consecutively. (Sec. 1, 2)
4. Eliminates the requirement that a DUI convict must complete a 45-day revocation period before being eligible for a restricted license. (Sec. 1, 2)
5. Permits a person, whose driver license is revoked due to an alcohol-related offense related to homicide or aggravated assault resulting from the operation of a vehicle or a felony in the commission of which a vehicle is used if the conviction is a class 4, 5 or 6 felony, to be eligible for a restricted license. (Sec. 5)
6. Allows a person, whose class D or G license has been revoked due to a homicide or aggravated assault resulting from the operation of a vehicle or due to a felony in the commission of which the vehicle is used, to apply for a restricted license. (Sec. 4)
7. Conforms evidence-based psychotherapy for a DUI conviction with requirements on certified devices. (Sec. 6)
8. Allows ADOT to issue a new license or a restricted license to a person, only if the person has completed or is satisfactorily participating in a court-ordered program. (Sec. 6)
9. Defines evidence-based psychotherapy. (Sec. 6)
10. Makes technical and conforming changes. (Sec. 3-6)
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14. Initials LM/IC HB 2573
15. 2/5/2026 Page 0 Transportation & Infrastructure
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