ADD
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
DUI; alternative treatment
Purpose
Removes the requirement that a person who is subject to a driver license revocation for multiple driving under the influence (DUI) offenses must complete 45 days of the license revocation period prior to applying for a special ignition interlock restricted driver license (SIIRDL).
Background
A person who is convicted of an extreme DUI must: 1) be sentenced to serve at least 30 consecutive days in jail; 2) pay a fine of at least $250; 3) pay an additional assessment of $250 to be deposited into the Driving Under the Influence Abatement Fund; 4) pay additional assessments of $1,000 to be deposited in the Prison Construction and Operations Fund and another $1,000 to be deposited in the Public Safety Equipment Fund; 5) equip any motor vehicle the person operates with a certified ignition interlock device (IID); and 6) attend and successfully complete an approved traffic survival school course. The person may also be ordered to perform community restitution.
A person who is convicted of a second extreme DUI or who has previously
been convicted of a simple or aggravated DUI offense, within a period of 84
months, is subject to similar requirements, including higher monetary
penalties, mandatory community restitution, extended IID installation and an
increased jail sentence. Persons with a second extreme DUI conviction are also
subject to a one-year license revocation. After completing 45 days of the
license revocation, the person may apply for a SIIRDL, subject to the
restrictions of IID requirements (A.R.S.
§ 28-1382).
If a person whose license is suspended is ordered to attend an alcohol or other drug screening, education or treatment, the court is prohibited from terminating the license suspension or issuing a SIIRDL until the person or licensed treatment facility provides proof that the person has completed or is participating satisfactorily in such a program. The court is likewise prohibited from issuing a new license or a SIIRDL to a person whose license is revoked until the person or licensed treatment facility provides proof that the person has completed the court-ordered program (A.R.S. § 28-3319).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes the requirement that a person who is subject to a driver license revocation for multiple simple or extreme DUI offenses must complete 45 days of the license revocation period prior to applying for a SIIRDL.
2. Includes court-ordered evidence-based psychotherapy among the programs for which proof of participation or completion must be provided before the court may terminate a license suspension or issue a SIIRDL or a new driver license and makes other applicable changes.
3. Adds that a person may provide proof of satisfactory participation in a court-ordered program, rather than only proof of completion of a program, prior to a court issuing a new license or SIIRDL.
4. Modifies the definition of evidence-based psychotherapy to include:
a) a licensed health professional who is authorized to engage in the practice of behavioral health; and
b) a licensed health professional whose scope of practice authorizes the professional to independently provide psychotherapy, including psychiatrists, psychiatric physician assistants and psychiatric nurse practitioners.
5. Requires ignition interlock manufacturers to provide specified information regarding use of an ignition interlock device to a licensed health professional who is providing evidence-based psychotherapy to the person who is using the ignition interlock device.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes the requirement that a person who is subject to a one-year driver license revocation for multiple simple DUI offenses must complete 45 days of the license revocation period prior to being eligible for a special ignition interlock restricted driver license.
2. Modifies the definition of evidence-based psychotherapy to include:
a) a licensed health professional who is authorized to engage in the practice of behavioral health; and
b) a licensed health professional whose scope of practice authorizes the professional to independently provide psychotherapy, including psychiatrists, psychiatric physician assistants and psychiatric nurse practitioners.
3. Requires ignition interlock manufacturers to provide specified information regarding use of an ignition interlock device to a licensed health professional who is providing evidence-based psychotherapy to the person who is using the ignition interlock device.
House Action Senate Action
JUD 1/27/26 W/D JUDE 3/26/26 DP 7-0-0
TI 2/11/26 DPA 7-0-0-0
3rd Read 3/10/26 41-14-4-0-1
Prepared by Senate Research
April 21, 2026
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