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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: TI DPA 7-0-0-0 | Third Read 41-14-4-0
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HB 2573: DUI; alternative treatment
Sponsor: Representative Martinez, LD 16
Senate Engrossed
Overview
Removes the requirement that a second violation for driving under the influence (DUI) convict must complete a 45-day revocation period before being eligible for a special interlock restricted driver license (restricted license). Includes evidence-based psychotherapy into DUI conviction requirements on certified ignition interlock devices (certified device).
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. Eliminates the requirement that a second violation DUI convict must complete a 45-day revocation period before being eligible for a restricted license. (Sec. 1)
2. Conforms evidence-based psychotherapy for a DUI conviction with requirements on certified devices. (Sec. 2)
3. 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. 2)
4. Defines evidence-based psychotherapy. (Sec. 2)
5. Makes conforming and technical changes. (Sec. 2)
Senate Amendments
1. Removes the 45-day revocation period requirement, for a person whose driving privilege is revoked for a DUI violation, to be eligible for a restricted license.
2. Clarifies that evidence-based psychotherapy is an alternative form of treatment, rather than an alternative form of alcohol or other drug screening education.
3. Alters the definition of evidence-based psychotherapy by including licensed health professionals as prescribed.
4. Includes a licensed health professional providing evidence-based psychotherapy on the list that an ignition interlock manufacturer must provide prescribed information to, on request.
5. Makes conforming changes.
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9. Initials LM/IC HB 2573
10. 4/21/2026 Page 0 Senate Engrossed
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