Read the full stored bill text
HB2573 - 572R - S Ver
Senate Engrossed
House Bill
DUI; alternative
treatment
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2573
AN
ACT
Amending sections 28-1381, 28-1382, 28-1383,
28-1387, 28-1461, and 28-3319, Arizona Revised Statutes; relating to
driving under the influence.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1381, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-1381.
Driving or actual physical control while under the influence;
trial by jury; presumptions; admissible evidence; sentencing; time limitation;
violation; classification; definition
A. It is unlawful for a person to drive or be in
actual physical control of a vehicle in this state under any of the following
circumstances:
1. While 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.
2. If the person has an alcohol concentration of
0.08 or more within two hours of driving or being in actual physical control of
the vehicle and the alcohol concentration results from alcohol consumed either
before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401
or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that
requires a person to obtain a commercial driver license as defined in section
28-3001 and the person has an alcohol concentration of 0.04 or more.
5. While operating a vehicle for hire as defined in
section 28-9501 or while providing transportation network services as
defined in section 28-9551 as a transportation network company driver as
defined in section 28-9551 if the person has an alcohol concentration of
0.04 or more.
B. It is not a defense to a charge of a violation of
subsection A, paragraph 1 of this section that the person is or has been
entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this
section is guilty of a class 1 misdemeanor.
D. A person using a drug as prescribed by a medical
practitioner who is licensed pursuant to title 32 and who is authorized to
prescribe the drug is not guilty of violating subsection A, paragraph 3 of this
section.
E. In any prosecution for a violation of this
section, the state shall allege, for the purpose of classification and
sentencing pursuant to this section, all prior convictions of violating this
section, section 28-1382 or section 28-1383 occurring within the
past thirty-six months, unless there is an insufficient legal or factual
basis to do so.
F. At the arraignment, the court shall inform the
defendant that the defendant may request a trial by jury and that the request,
if made, shall be granted.
G. In a trial, action or proceeding for a violation
of this section or section 28-1383 other than a trial, action or
proceeding involving a person who is driving or in actual physical control of a
commercial motor vehicle or a vehicle for hire as defined in section 28-9501
or involving a person who is providing transportation network services as
defined in section 28-9551 as a transportation network company driver as
defined in section 28-9551, the defendant's alcohol concentration within
two hours of the time of driving or being in actual physical control as shown
by analysis of the defendant's blood, breath or other bodily substance gives
rise to the following presumptions:
1. If there was at that time 0.05 or less alcohol
concentration in the defendant's blood, breath or other bodily substance, it
may be presumed that the defendant was not under the influence of intoxicating
liquor.
2. If there was at that time in excess of 0.05 but
less than 0.08 alcohol concentration in the defendant's blood, breath or other
bodily substance, that fact shall not give rise to a presumption that the
defendant was or was not under the influence of intoxicating liquor, but that
fact may be considered with other competent evidence in determining the guilt
or innocence of the defendant.
3. If there was at that time 0.08 or more alcohol
concentration in the defendant's blood, breath or other bodily substance, it
may be presumed that the defendant was under the influence of intoxicating
liquor.
H. Subsection G of this section does not limit the
introduction of any other competent evidence bearing on the question of whether
or not the defendant was under the influence of intoxicating liquor.
I. A person who is convicted of a violation of this
section:
1. Shall be sentenced to serve not less than ten
consecutive days in jail and is not eligible for probation or suspension of
execution of sentence unless the entire sentence is served.
2. Shall pay a fine of not less than $250.
3. May be ordered by a court to perform community
restitution.
4. Shall pay an additional assessment of $500 to be
deposited by the state treasurer in the prison construction and operations fund
established by section 41-1651. This assessment is not subject
to any surcharge. If the conviction occurred in the superior court
or a justice court, the court shall transmit the assessed monies to the county
treasurer. If the conviction occurred in a municipal court, the
court shall transmit the assessed monies to the city treasurer. The
city or county treasurer shall transmit the monies received to the state
treasurer.
5. Shall pay an
additional assessment of $500 to be deposited by the state treasurer in the
public safety equipment fund established by section 41-1723. This
assessment is not subject to any surcharge. If the conviction
occurred in the superior court or a justice court, the court shall transmit the
assessed monies to the county treasurer. If the conviction occurred in
a municipal court, the court shall transmit the assessed monies to the city
treasurer. The city or county treasurer shall transmit the monies
received to the state treasurer.
6. If the violation involved intoxicating liquor,
shall be required by the department, on report of the conviction, to equip any
motor vehicle the person operates with a certified ignition interlock device
pursuant to section 28-3319. In addition, the court may order
the person to equip any motor vehicle the person operates with a certified
ignition interlock device for more than twelve months beginning on the date the
person successfully completes the alcohol or other drug screening, education
, evidence-based psychotherapy
or treatment program
or evidence-based psychotherapy
requirements of this
title and the person is otherwise eligible to reinstate the person's driver
license or driving privilege. The person who operates a motor
vehicle with a certified ignition interlock device under this paragraph shall
comply with article 5 of this chapter.
7. Shall be required by the department to attend and
successfully complete an approved traffic survival school course.
8. At the person's option, may be ordered by the
court to participate in a religious program that is approved by the
court. The person's participation in a religious program must be
voluntary, and the purpose of the religious program may not include any effort
to coerce the person to adopt or change any religious affiliation or beliefs.
J. Notwithstanding subsection I, paragraph 1 of this
section, at the time of sentencing the judge may suspend all but one day of the
sentence if the person completes a court ordered alcohol or other drug
screening, education
, evidence-based psychotherapy
or
treatment program
or evidence-based psychotherapy
. �If
the person fails to complete the court ordered alcohol or other drug screening,
education
, evidence-based psychotherapy
or treatment
program
or evidence-based psychotherapy
and has not
been placed on probation, the court shall issue an order to show cause to the
defendant as to why the remaining jail sentence should not be served.
K. If within a period of eighty-four months a person
is convicted of a second violation of this section or is convicted of a
violation of this section and has previously been convicted of a violation of
section 28-1382 or 28-1383 or an act in another jurisdiction that
if committed in this state would be a violation of this section or section 28-1382
or 28-1383, the person:
1. Shall be sentenced to serve not less than ninety
days in jail, thirty days of which shall be served consecutively, and is not
eligible for probation or suspension of execution of sentence unless the entire
sentence has been served.
2. Shall pay a fine of not less than $500.
3. Shall be ordered by a court to perform at least
thirty hours of community restitution.
4. Shall have the person's driving privilege revoked
for one year. The court shall report the conviction to the department. �On
receipt of the report, the department shall revoke the person's driving
privilege and, if the violation involved intoxicating liquor, shall require the
person to equip any motor vehicle the person operates with a certified ignition
interlock device pursuant to section 28-3319. �In addition, the court may
order the person to equip any motor vehicle the person operates with a certified
ignition interlock device for more than twelve months beginning on the date the
person successfully completes the alcohol or other drug screening, education
, evidence-based psychotherapy
or treatment program
or EVIDENCE-based PSYCHOTHERAPY
requirements of this
title and the person is otherwise eligible to reinstate the person's driver
license or driving privilege. The person who operates a motor
vehicle with a certified ignition interlock device under this paragraph shall
comply with article 5 of this chapter.
5. Shall pay an additional assessment of $1,250 to
be deposited by the state treasurer in the prison construction and operations
fund established by section 41-1651. This assessment is not
subject to any surcharge. �If the conviction occurred in the superior court or
a justice court, the court shall transmit the assessed monies to the county
treasurer. If the conviction occurred in a municipal court, the
court shall transmit the assessed monies to the city treasurer. The
city or county treasurer shall transmit the monies received to the state
treasurer.
6. Shall pay an additional assessment of $1,250 to
be deposited by the state treasurer in the public safety equipment fund
established by section 41-1723. This assessment is not subject
to any surcharge. If the conviction occurred in the superior court
or a justice court, the court shall transmit the assessed monies to the county
treasurer. If the conviction occurred in a municipal court, the
court shall transmit the assessed monies to the city treasurer. The
city or county treasurer shall transmit the monies received to the state
treasurer.
7. Shall be required by the department to attend and
successfully complete an approved traffic survival school course.
L. Notwithstanding subsection K, paragraph 1 of this
section, at the time of sentencing, the judge may suspend all but thirty days
of the sentence if the person completes a court ordered alcohol or other drug
screening, education
, evidence-based psychotherapy
or
treatment program
or evidence-based psychotherapy
. �If
the person fails to complete the court ordered alcohol or other drug screening,
education
, evidence-based psychotherapy
or treatment
program
or evidence-based psychotherapy
and has not
been placed on probation, the court shall issue an order to show cause as to
why the remaining jail sentence should not be served.
M. In applying the eighty-four month provision
of subsection K of this section, the dates of the commission of the offense
shall be the determining factor, irrespective of the sequence in which the
offenses were committed.
N. A second violation for which a conviction occurs
as provided in this section shall not include a conviction for an offense
arising out of the same series of acts.
O.
After completing forty-five days of
the revocation period prescribed by subsection K of this section,
A
person whose driving privilege is revoked for a violation of this section and
who is sentenced pursuant to subsection K of this section is eligible for a
special ignition interlock restricted driver license pursuant to section 28-1401.
P. The court may order a person who is convicted of
a violation of this section that does not involve intoxicating liquor to equip
any motor vehicle the person operates with a certified ignition interlock
device pursuant to section 28-3319. On receipt of the report
of conviction and certified ignition interlock device requirement, the
department shall require the person to equip any motor vehicle the person
operates with a certified ignition interlock device pursuant to section 28-3319. In
addition, the court may order the person to equip any motor vehicle the person
operates with a certified ignition interlock device for more than twelve months
beginning on the date the person successfully completes the alcohol or other
drug screening, education
, evidence-based psychotherapy
or
treatment program
or evidence-based psychotherapy
requirements of this title and the person is otherwise eligible to reinstate
the person's driver license or driving privilege. The person who
operates a motor vehicle with a certified ignition interlock device under this
subsection shall comply with article 5 of this chapter.
Q. A prosecution for a violation of this section
involving a collision that resulted in serious physical injury or death as
identified in a written accident report completed pursuant to section 28-667
must be commenced within two years after actual discovery of the offense by the
state or the political subdivision having jurisdiction or discovery by the
state or the political subdivision that should have occurred with the exercise
of reasonable diligence, whichever first occurs.
R. For the purposes of this section,
"evidence-based psychotherapy" means psychotherapy services that are
offered by
any of the following and that integrate the best
available scientific research with clinical expertise based on the context of
the patient's characteristics, culture and preferences:
1.
A psychologist who is
licensed pursuant to title 32, chapter 19.1
and who integrates
the best available scientific research with clinical expertise based on the
context of the patient's characteristics, culture and preferences
.
2. a health professional who is
licensed pursuant to title 32, chapter 33 and who is authorized to engage in
the practice of BEHAVIORAL health.
3. a health professional who is
licensed in this state pursuant to title 32 and whose scope of practice
AUTHORIZES the health professional to independently provide psychotherapy,
including:
(
a
) A
psychiatric nurse PRACTITIONER who is licensed pursuant to title 32, chapter
15.
(
b
) A
Psychiatric physician assistant who is licensed pursuant to title 32, chapter
25.
(
c
) A
psychiatrist who is licensed PURSUANT to title 32, chapters 13 and 17.
END_STATUTE
Sec. 2. Section 28-1382, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-1382.
Driving or actual physical control while under the extreme
influence of intoxicating liquor; trial by jury; sentencing; time limitation;
violation; classification
A. It is unlawful for a person to drive or be in
actual physical control of a vehicle in this state if the person has an alcohol
concentration as follows within two hours of driving or being in actual
physical control of the vehicle and the alcohol concentration results from
alcohol consumed either before or while driving or being in actual physical
control of the vehicle:
1. 0.15 or more but less than 0.20.
2. 0.20 or more.
B. A person who is convicted of a violation of this
section is guilty of driving or being in actual physical control of a vehicle
while under the extreme influence of intoxicating liquor.
C. At the arraignment, the court shall inform the
defendant that the defendant may request a trial by jury and that the request,
if made, shall be granted.
D. A person who is convicted of a violation of this
section:
1. Shall be sentenced to serve not less than thirty consecutive
days in jail and is not eligible for probation or suspension of execution of
sentence unless the entire sentence is served if the person is convicted of a
violation of subsection A, paragraph 1 of this section. �A person who is
convicted of a violation of subsection A, paragraph 2 of this section shall be
sentenced to serve not less than forty-five consecutive days in jail and
is not eligible for probation or suspension of execution of sentence unless the
entire sentence is served.
2. Shall pay a fine of not less than $250, except
that a person who is convicted of a violation of subsection A, paragraph 2 of
this section shall pay a fine of not less than $500. The fine
prescribed in this paragraph and any assessments, restitution and incarceration
costs shall be paid before the assessment prescribed in paragraph 3 of this
subsection.
3. Shall pay an additional assessment of
$250. If the conviction occurred in the superior court or a justice
court, the court shall transmit the monies received pursuant to this paragraph
to the county treasurer. If the conviction occurred in a municipal
court, the court shall transmit the monies received pursuant to this paragraph
to the city treasurer. The city or county treasurer shall transmit
the monies received to the state treasurer. The state treasurer
shall deposit the monies received in the driving under the influence abatement
fund established by section 28-1304.
4. May be ordered by a court to perform community
restitution.
5. Shall be required by the department, on receipt
of the report of conviction, to equip any motor vehicle the person operates
with a certified ignition interlock device pursuant to section 28-3319. In
addition, the court may order the person to equip any motor vehicle the person
operates with a certified ignition interlock device for more than twelve months
beginning on the date the person successfully completes the alcohol or other
drug screening, education or treatment program
or evidence-based
psychotherapy
requirements of this title and the person is otherwise
eligible to reinstate the person's driver license or driving
privilege. The person who operates a motor vehicle with a certified
ignition interlock device under this paragraph shall comply with article 5 of
this chapter.
6. Shall pay an additional assessment of $1,000 to
be deposited by the state treasurer in the prison construction and operations
fund established by section 41-1651. �This assessment is not subject to
any surcharge. If the conviction occurred in the superior court or a
justice court, the court shall transmit the assessed monies to the county
treasurer. If the conviction occurred in a municipal court, the
court shall transmit the assessed monies to the city treasurer. �The city or
county treasurer shall transmit the monies received to the state treasurer.
7. Shall pay an additional assessment of $1,000 to
be deposited by the state treasurer in the public safety equipment fund
established by section 41-1723. This assessment is not subject
to any surcharge. �If the conviction occurred in the superior court or a
justice court, the court shall transmit the assessed monies to the county
treasurer. �If the conviction occurred in a municipal court, the court shall
transmit the assessed monies to the city treasurer. The city or
county treasurer shall transmit the monies received to the state treasurer.
8. Shall be required by the department to attend and
successfully complete an approved traffic survival school course.
E. If within a period of eighty-four months a person
is convicted of a second violation of this section or is convicted of a
violation of this section and has previously been convicted of a violation of
section 28-1381 or 28-1383 or an act in another jurisdiction that
if committed in this state would be a violation of this section or section 28-1381
or 28-1383, the person:
1. Shall be sentenced to serve not less than one
hundred twenty days in jail, sixty days of which shall be served consecutively,
and is not eligible for probation or suspension of execution of sentence unless
the entire sentence has been served if the person is convicted of a violation
of subsection A, paragraph 1 of this section. �A person who is convicted of a
violation of subsection A, paragraph 2 of this section shall be sentenced to
serve not less than one hundred eighty days in jail, ninety of which shall be
served consecutively, and is not eligible for probation or suspension of
execution of sentence unless the entire sentence has been served.
2. Shall pay a fine of not less than $500, except
that a person who is convicted of a violation of subsection A, paragraph 2 of
this section shall pay a fine of not less than $1,000. �The fine prescribed in
this paragraph and any assessments, restitution and incarceration costs shall
be paid before the assessment prescribed in paragraph 3 of this subsection.
3. Shall pay an additional assessment of
$250. If the conviction occurred in the superior court or a justice
court, the court shall transmit the monies received pursuant to this paragraph
to the county treasurer. If the conviction occurred in a municipal
court, the court shall transmit the monies received pursuant to this paragraph
to the city treasurer. The city or county treasurer shall transmit
the monies received to the state treasurer. The state treasurer
shall deposit the monies received in the driving under the influence abatement
fund established by section 28-1304.
4. Shall be ordered by a court to perform at least
thirty hours of community restitution.
5. Shall have the person's driving privilege revoked
for at least one year. �The court shall report the conviction to the
department. On receipt of the report, the department shall revoke the person's
driving privilege and shall require the person to equip any motor vehicle the
person operates with a certified ignition interlock device pursuant to section
28-3319. �In addition, the court may order the person to equip any motor
vehicle the person operates with a certified ignition interlock device for more
than twelve months beginning on the date the person successfully completes the
alcohol or other drug screening, education or treatment program
or
EVIDENCE-based psychotherapy
requirements of this title and the
person is otherwise eligible to reinstate the person's driver license or
driving privilege. �The person who operates a motor vehicle with a certified
ignition interlock device under this paragraph shall comply with article 5 of
this chapter.
6. Shall pay an additional assessment of $1,250 to
be deposited by the state treasurer in the prison construction and operations
fund established by section 41-1651. This assessment is not
subject to any surcharge. �If the conviction occurred in the superior court or
a justice court, the court shall transmit the assessed monies to the county
treasurer. �If the conviction occurred in a municipal court, the court shall
transmit the assessed monies to the city treasurer. The city or
county treasurer shall transmit the monies received to the state treasurer.
7. Shall pay an additional assessment of $1,250 to
be deposited by the state treasurer in the public safety equipment fund
established by section 41-1723. This assessment is not subject
to any surcharge. If the conviction occurred in the superior court
or a justice court, the court shall transmit the assessed monies to the county
treasurer. �If the conviction occurred in a municipal court, the court shall
transmit the assessed monies to the city treasurer. �The city or county
treasurer shall transmit the monies received to the state treasurer.
8. Shall be required by the department to attend and
successfully complete an approved traffic survival school course.
F. In applying the eighty-four month provision
of subsection E of this section, the dates of the commission of the offense
shall be the determining factor, irrespective of the sequence in which the
offenses were committed.
G. A second violation for which a conviction occurs
as provided in this section shall not include a conviction for an offense
arising out of the same series of acts.
H.
After completing forty-five days of
the revocation period prescribed by subsection E of this section,
A
person whose driving privilege is revoked for a violation of this section and
who is sentenced pursuant to subsection E of this section is eligible for a
special ignition interlock restricted driver license pursuant to section 28-1401.
I. Notwithstanding subsection D, paragraph 1 of this
section, at the time of sentencing if the person is convicted of a violation of
subsection A, paragraph 1 of this section, the judge may suspend all but nine
days of the sentence if the person equips any motor vehicle the person operates
with a certified ignition interlock device for a period of twelve months. �If
the person is convicted of a violation of subsection A, paragraph 2 of this
section, the judge may suspend all but fourteen days of the sentence if the
person equips any motor vehicle the person operates with a certified ignition
interlock device for a period of twelve months. If the person fails to comply
with article 5 of this chapter and has not been placed on probation, the court
shall issue an order to show cause as to why the remaining jail sentence should
not be served.
J. A prosecution for a violation of this section
involving a collision that resulted in serious physical injury or death as
identified in a written accident report completed pursuant to section 28-667
must be commenced within two years after actual discovery of the offense by the
state or the political subdivision having jurisdiction or discovery by the
state or the political subdivision that should have occurred with the exercise
of reasonable diligence, whichever first occurs.
K. A person who is convicted of a violation of this
section is guilty of a class 1 misdemeanor.
END_STATUTE
Sec. 3. Section 28-1383, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-1383.
Aggravated driving or actual physical control while under the
influence; county jail program; annual report; violation; classification;
definitions
A. A person is guilty of aggravated driving or
actual physical control while under the influence of intoxicating liquor or
drugs if the person does any of the following:
1. Commits a violation of section 28-1381,
section 28-1382 or this section while the person's driver license or
privilege to drive is suspended, canceled, revoked or refused or while a
restriction is placed on the person's driver license or privilege to drive as a
result of violating section 28-1381 or 28-1382 or under section 28-1385.
2. Within a period of eighty-four months commits a
third or subsequent violation of section 28-1381, section 28-1382
or this section or is convicted of a violation of section 28-1381,
section 28-1382 or this section and has previously been convicted of any
combination of convictions of section 28-1381, section 28-1382 or
this section or acts in another jurisdiction that if committed in this state
would be a violation of section 28-1381, section 28-1382 or this
section.
3. While a person under fifteen years of age is in
the vehicle, commits a violation of either:
(a) Section 28-1381.
(b) Section 28-1382.
4. While the person is ordered by the court or
required pursuant to section 28-3319 by the department to equip any motor
vehicle the person operates with a certified ignition interlock device, commits
a violation of section 28-1381, section 28-1382 or this section.
5. Commits a violation of section 28-1381,
section 28-1382 or this section while driving the wrong way on a highway.
B. The dates of the commission of the offenses are
the determining factor in applying the eighty-four month provision provided in
subsection A, paragraph 2 of this section regardless of the sequence in which
the offenses were committed. For the purposes of this section, a
third or subsequent violation for which a conviction occurs does not include a
conviction for an offense arising out of the same series of acts. �The time
that a probationer is found to be on absconder status or the time that a person
is incarcerated in any state, federal, county or city jail or correctional
facility is excluded when determining the eighty-four month period provided in
subsection A, paragraph 2 and subsection E of this section.
C. The notice to a person of the suspension,
cancellation, revocation or refusal of a driver license or privilege to drive
is effective as provided in section 28-3318 or pursuant to the laws of
the state issuing the license.
D. A person is not eligible for probation, pardon,
commutation or suspension of sentence or release on any other basis until the
person has served not less than four months in prison if the person is
convicted under any of the following:
1. Subsection A, paragraph 1 of this section.
2. Subsection A, paragraph 2 of this section and
within an eighty-four month period has been convicted of two prior
violations of section 28-1381, section 28-1382 or this section, or
any combination of those sections, or acts in another jurisdiction that if
committed in this state would be a violation of section 28-1381, section
28-1382 or this section.
3. Subsection A, paragraph 5 of this section.
E. A person who is convicted under subsection A,
paragraph 2 of this section and who within an eighty-four month period has been
convicted of three or more prior violations of section 28-1381, section
28-1382 or this section, or any combination of those sections, or acts in
another jurisdiction that if committed in this state would be a violation of
section 28-1381, section 28-1382 or this section is not eligible
for probation, pardon, commutation or suspension of sentence or release on any
other basis until the person has served not less than eight months in prison.
F. A person who is convicted under subsection A,
paragraph 3, subdivision (a) of this section shall serve at least the minimum
term of incarceration required pursuant to section 28-1381.
G. A person who is convicted under subsection A,
paragraph 3, subdivision (b) of this section shall serve at least the minimum
term of incarceration required pursuant to section 28-1382.
H. A person who is convicted of a violation of this
section shall attend and complete alcohol or other drug screening, education or
treatment
from an approved facility
or receive evidence-based psychotherapy as ordered by the court
. If
the person fails to comply with this subsection and is placed on probation, in
addition to the provisions of section 13-901 the court may order that the
person be incarcerated as a term of probation as follows:
1. For a person sentenced pursuant to subsection D
of this section, for an individual period of not more than four months and a
total period of not more than one year.
2. For a person sentenced pursuant to subsection E
of this section, for an individual period of not more than eight months and a
total period of not more than two years.
I. The time that a person spends in custody pursuant
to subsection H of this section shall not be counted towards the sentence
imposed if the person's probation is revoked and the person is sentenced to
prison after revocation of probation.
J. On a conviction for a violation of this section,
the court:
1. Shall report the conviction to the
department. On receipt of the report, the department shall revoke
the driving privilege of the person. The department shall not issue
the person a new driver license within one year of the date of the conviction
and, if the violation involved intoxicating liquor, shall require the person to
equip any motor vehicle the person operates with a certified ignition interlock
device pursuant to section 28-3319. �In addition, the court may order the
person to equip any motor vehicle the person operates with a certified ignition
interlock device for more than twenty-four months beginning on the date
the person successfully completes the alcohol or other drug screening,
education or treatment program
or evidence-based
psychotherapy
requirements of this title and the person is otherwise
eligible to reinstate the person's driver license or driving
privilege. The person who operates a motor vehicle with a certified
ignition interlock device under this paragraph shall comply with article 5 of
this chapter.
2. In addition to any other penalty prescribed by
law, shall order the person to pay an additional assessment of
$250. If the conviction occurred in the superior court or a justice
court, the court shall transmit the monies received pursuant to this paragraph
to the county treasurer. �If the conviction occurred in a municipal court, the
court shall transmit the monies received pursuant to this paragraph to the city
treasurer. �The city or county treasurer shall transmit the monies received to
the state treasurer. The state treasurer shall deposit the monies
received in the driving under the influence abatement fund established by
section 28-1304. Any fine imposed for a violation of this section and any
assessments, restitution and incarceration costs shall be paid before the
assessment prescribed in this paragraph.
3. Shall order the person to pay a fine of not less
than $750.
4. In addition to any other penalty prescribed by
law, shall order the person to pay an additional assessment of $1,500 to be
deposited by the state treasurer in the prison construction and operations fund
established by section 41-1651. This assessment is not subject
to any surcharge. �If the conviction occurred in the superior court or a
justice court, the court shall transmit the assessed monies to the county
treasurer. If the conviction occurred in a municipal court, the
court shall transmit the assessed monies to the city treasurer. The
city or county treasurer shall transmit the monies received to the state
treasurer.
5. In addition to any other penalty prescribed by
law, shall order the person to pay an additional assessment of $1,500 to be
deposited by the state treasurer in the public safety equipment fund
established by section 41-1723. This assessment is not subject
to any surcharge. If the conviction occurred in the superior court
or a justice court, the court shall transmit the assessed monies to the county
treasurer. If the conviction occurred in a municipal court, the
court shall transmit the assessed monies to the city treasurer. The
city or county treasurer shall transmit the monies received to the state
treasurer.
K. On conviction for a violation of this section the
defendant shall be required by the department to attend and successfully
complete an approved traffic survival school course.
L. After completing the period of suspension
required by section 28-1385, a person whose driving privilege is revoked
for a violation of subsection A, paragraph 3 of this section may apply to the
department for a special ignition interlock restricted driver license pursuant
to section 28-1401.
M. The court may order a person who is convicted of
a violation of this section that does not involve intoxicating liquor to equip
any motor vehicle the person operates with a certified ignition interlock
device pursuant to section 28-3319. On receipt of the report
of conviction and certified ignition interlock device requirement, the
department shall require the person to equip any motor vehicle the person
operates with a certified ignition interlock device pursuant to section 28-3319. In
addition, the court may order the person to equip any motor vehicle the person
operates with a certified ignition interlock device for more than twelve months
beginning on the date the person successfully completes the alcohol or other
drug screening, education or treatment program
or EVIDENCE-based
psychotherapy
requirements of this title and the person is otherwise
eligible to reinstate the person's driver license or driving
privilege. The person who operates a motor vehicle with a certified
ignition interlock device under this subsection shall comply with article 5 of
this chapter.
N. The sheriff of a county with a population of less
than five hundred thousand persons may establish an aggravated driving under
the influence jail program. �If the sheriff establishes an aggravated driving
under the influence jail program, the program may not be implemented until the
state department of corrections enters into an agreement with the county board
of supervisors pursuant to section 31-234 to facilitate the program. �Notwithstanding
subsections D and E of this section, if the violation occurs in a county that
has established and implemented an aggravated driving under the influence jail
program or in a county that is contiguous to a county that has established and
implemented an aggravated driving under the influence jail program and the person
is placed on probation, the mandatory term of incarceration that the person
would otherwise serve in prison may be served in the jail of the county that
established and implemented the program. �A person who is incarcerated in a
county jail pursuant to this subsection is not eligible for any release, work
detail or monitoring program that the person would not otherwise be eligible
for if incarcerated in prison. �A county sheriff who establishes an aggravated
driving under the influence jail program pursuant to this subsection shall
submit an annual report to the Arizona criminal justice commission that
contains the data that the Arizona statistical analysis center determines is
necessary to prepare a recidivism report pursuant to section 41-2405.
O. Aggravated driving or actual physical control
while under the influence of intoxicating liquor or drugs committed under:
1. Subsection A, paragraph 1, 2, 4 or 5 of this
section is a class 4 felony.
2. Subsection A, paragraph 3 of this section is a
class 6 felony.
P. For
the purposes of this section:
1. "Suspension, cancellation, revocation or
refusal" means any suspension, cancellation, revocation or refusal.
2. "Wrong way" means vehicular movement
that is in a direction opposing the legal flow of traffic. Wrong way
does not include median crossing or a collision where a motor vehicle comes to
a stop facing the wrong way.
END_STATUTE
Sec. 4. Section 28-1387, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-1387.
Prior convictions; alcohol or other drug screening, education and
treatment and evidence-based psychotherapy; license suspension;
supervised probation; civil liability; procedures
A. The court shall allow the allegation of a prior
conviction or any other pending charge of a violation of section 28-1381,
28-1382 or 28-1383 or an act in another jurisdiction that if
committed in this state would be a violation of section 28-1381, 28-1382
or 28-1383 filed twenty or more days before the date the case is actually
tried and may allow the allegation of a prior conviction or any other pending
charge of a violation of section 28-1381, 28-1382 or 28-1383
or an act in another jurisdiction that if committed in this state would be a
violation of section 28-1381, 28-1382 or 28-1383 filed at any
time before the date the case is actually tried if this state makes available
to the defendant when the allegation is filed a copy of any information
obtained concerning the prior conviction or other pending
charge. Any conviction may be used to enhance another conviction
irrespective of the dates on which the offenses occurred within the eighty-four
month provision. �For the purposes of this article, an order of a juvenile
court adjudicating a person delinquent is equivalent to a conviction.
B. In addition to any other penalties prescribed by
law, the judge shall order a person who is convicted of a violation of section
28-1381, 28-1382 or 28-1383 to complete alcohol or other drug
screening that is provided by a facility approved by the department of health
services, the United States department of veterans affairs or a probation
department. �If a judge determines that the person requires further alcohol or
other drug education or treatment
or EVIDENCE-based
psychotherapy
, the person may be required pursuant to court order to
obtain alcohol or other drug education or treatment
or EVIDENCE-based
psychotherapy
under the court's supervision from an approved facility
or a health professional licensed in this state who provides evidence-based
psychotherapy
. The judge may review an education
,
or
treatment
or
PSYCHOTHERAPY
determination at the request of the state, the defendant
or the probation officer or on the judge's initiative. The person
shall pay the costs of the screening, education
,
or
treatment
or PSYCHOTHERAPY
unless,
after considering the person's ability to pay all or part of the costs, the
court waives all or part of the costs. �If a person is referred to a screening,
education or treatment facility
or PSYCHOTHERAPY
, the
facility
or the health professional
shall report to the
court whether the person has successfully completed the screening, education or
treatment program
or PSYCHOTHERAPY
. The court
may accept evidence of a person's completion of alcohol or other drug screening
pursuant to section 28-1445 as sufficient to meet the requirements of
this section or section 28-1381, 28-1382 or 28-1383 or may
order the person to complete additional alcohol or other drug screening,
education or treatment programs
or evidence-based
psychotherapy
. If a person has previously been ordered to
complete an alcohol or other drug screening, education or treatment program
or evidence-based psychotherapy
pursuant to this section,
the judge shall order the person to complete an alcohol or other drug
screening, education or treatment program
or evidence-based
psychotherapy
unless the court determines that alternative sanctions are
more appropriate.
C. After a person who is sentenced pursuant to
section 28-1381, subsection I has served twenty-four consecutive
hours in jail or after a person who is sentenced pursuant to section 28-1381,
subsection K or section 28-1382, subsection D or E has served forty-eight
consecutive hours in jail and after the court receives confirmation that the
person is employed or is a student, the court shall provide in the sentence
that the defendant, if the defendant is employed or is a student and can
continue the defendant's employment or schooling, may continue the employment
or schooling for not more than twelve hours a day nor more than six days a
week, unless the court finds good cause to not allow the release and places
those findings on the record. �The person shall spend the remaining day, days
or parts of days in jail until the sentence is served and shall be allowed out
of jail only long enough to complete the actual hours of employment or
schooling.
D. Unless the license of a person convicted under
section 28-1381 or 28-1382 has been or is suspended pursuant to
section 28-1321 or 28-1385, the department on receipt of the
abstract of conviction of a violation of section 28-1381 or 28-1382
shall suspend the license of the affected person for not less than ninety
consecutive days.
E. When the department receives notification that
the person meets the criteria provided in section 28-1385, subsection I,
the department shall suspend the driving privileges of the person for not less
than thirty consecutive days and shall restrict the person's driving privileges
as described in section 28-144 for not less than sixty consecutive
additional days.
F. If a person is placed on probation for violating
section 28-1381 or 28-1382, the probation shall be supervised
unless the court finds that supervised probation is not necessary or the court
does not have supervisory probation services.
G. Any political subdivision processing or using the
services of a person ordered to perform community restitution pursuant to
section 28-1381 or 28-1382 does not incur any civil liability to
the person ordered to perform community restitution as a result of these
activities unless the political subdivision or its agent or employee acts with
gross negligence.
H. The court may order alternative sanctions to
community restitution that is ordered pursuant to section 28-1381,
subsection K or section 28-1382, subsection E if the court determines
that education, treatment or other alternative sanctions are more appropriate.
END_STATUTE
Sec. 5. Section 28-1461, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-1461.
Use of certified ignition
interlock devices; reporting
A. If a person's driving privilege is limited
pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319
or restricted pursuant to section 28-1402:
1. The person shall:
(a) Pay the costs for installation and maintenance
of the certified ignition interlock device.
(b) Provide proof to the department of installation
of a functioning certified ignition interlock device in each motor vehicle
operated by the person.
(c) Provide proof of compliance to the department at
least once every ninety days during the period the person is ordered to use an
ignition interlock device.
(d) Provide proof of calibration of the certified
ignition interlock device to the department at least once every ninety days
during the period the person is ordered to use an ignition interlock device.
2. The department shall not reinstate the person's
driving privilege or issue a special ignition interlock restricted driver
license until the person has installed a functioning certified ignition
interlock device in each motor vehicle operated by the person and has provided
proof of installation to the department.
B. While a person maintains a functioning certified
ignition interlock device in a vehicle pursuant to this chapter, the ignition
interlock manufacturer shall electronically provide the following information
to the department in the manner and format prescribed by the department in
rule, and the department shall reject any information that does not meet these
requirements:
1. Any tampering or circumvention.
2. Any failure to provide proof of compliance or
inspection of the certified ignition interlock device as prescribed in this
section.
3. Any attempt to operate the vehicle with an
alcohol concentration exceeding the presumptive limit as prescribed in section
28-1381, subsection G, paragraph 3 or, if the person is under twenty-one
years of age, any attempt to operate the vehicle with any spirituous liquor in
the person's body.
4. Each time that a person fails to properly perform
any set of three consecutive rolling retests that occur during a drive cycle.
C. If the person is under eighteen years of age, the
ignition interlock service provider, if requested by the person's parent or
legal guardian, shall provide to the person's parent or legal guardian the
information prescribed in subsection B of this section.
D. On request, the ignition interlock manufacturer
shall provide the information prescribed in subsection B of this section to:
1. The department of health services authorized
provider.
2. The probation department that is providing
alcohol or other drug screening, education or treatment to the person.
3. The physician, psychologist, physician assistant,
registered nurse practitioner or addiction counselor who is evaluating the
person's ability to safely operate a motor vehicle following a revocation of
the person's driving privilege as prescribed in section 28-3315,
subsection D.
4. The court.
5. The licensed health professional
who is providing evidence-based PSYCHOTHERAPY to the person.
E. The department shall extend an ignition interlock
restricted or limited driver license and the certified ignition interlock
device period for six months if the department has reasonable grounds to
believe that any of the following applies:
1. The person tampered with or circumvented the
certified ignition interlock device.
2. The person attempted to operate the vehicle with
an alcohol concentration exceeding the presumptive limit as prescribed in
section 28-1381, subsection G, paragraph 3, two or more times during the
period of license restriction or limitation.
3. If the person is under twenty-one years of
age, the person attempted to operate the vehicle with any spirituous liquor in
the person's body during the period of license restriction or limitation.
4. The person failed to provide proof of compliance
or inspection as prescribed in this section.
5. The person attempts to operate the vehicle with
an alcohol concentration of 0.08 or more during a six month extension pursuant
to this subsection.
6. The person fails to properly perform any set of
three consecutive rolling retests that occur during a drive cycle.
F. If the special ignition interlock restricted
license is extended pursuant to subsection E of this section, the limitations
prescribed in sections 28-1381, 28-1382, 28-1383 and 28-3319
do not begin until the restrictive period of the license ends.
G. The department shall make a notation on the
driving record of a person whose driving privilege is limited pursuant to
section 28-1381, 28-1382, 28-1383, 28-1385 or 28-3319
or restricted pursuant to section 28-1402 that states that the person
shall not operate a motor vehicle unless it is equipped with a certified
ignition interlock device. �Unless the person is convicted of a second or
subsequent violation of section 28-1381, 28-1382 or 28-1383,
the notation may not include any mark, color change or other notation or
indication on the person's physical driver license.
H. Proof of compliance does not include a skipped or
missed random sample if the motor vehicle's ignition is off at the time of the
skipped or missed sample.
END_STATUTE
Sec. 6. Section 28-3319, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3319.
Action after license suspension, revocation or denial for driving
under the influence or refusal of test; ignition interlock device requirement;
definitions
A. If, pursuant to section 28-1321, 28-1381,
28-1382, 28-1383, 28-3320 or 28-3322, the license of a
driver or the driving privilege of a nonresident is suspended or revoked, the
department shall not terminate the suspension or revocation or issue a special
ignition interlock restricted driver license, if applicable, pursuant to chapter
4, article 3.1 of this title until the person provides proof of financial
responsibility pursuant to chapter 9, article 3 of this title.
B. If, pursuant to section 28-1321, 28-1381,
28-1382, 28-1383, 28-3320 or 28-3322, an unlicensed
resident is denied a license or permit to operate a motor vehicle, the
department shall not issue a license or permit until the person provides proof
of financial responsibility pursuant to chapter 9, article 3 of this title.
C. If a person whose license or driving privilege is
suspended or revoked pursuant to section 28-1321, 28-1381, 28-1382,
28-1383 or 28-1385 is ordered, pursuant to section 28-1381,
28-1382, 28-1383 or 28-1385, to attend alcohol or other drug
screening, education or treatment
or evidence-based
psychotherapy
, the department shall not either:
1. Terminate the suspension or issue a special
ignition interlock restricted driver license, if applicable, pursuant to
chapter 4, article 3.1 of this title until the person or licensed treatment
facility provides proof that the person has completed or is participating
satisfactorily in alcohol or other drug screening, education or treatment
or evidence-based psychotherapy
.
2. Issue a new license or a special ignition
interlock restricted driver license, if applicable, pursuant to chapter 4,
article 3.1 of this title to operate a motor vehicle after the revocation until
the person or licensed treatment facility provides proof that the person has
completed
or is SATISFACTORILY participating in
the
court-ordered program.
D. Except as provided in subsection E of this
section, on receipt of a report of conviction from a court for a violation that
involved intoxicating liquor or that specifically requires the installation of
a certified ignition interlock device, the department shall require any motor
vehicle the convicted person operates to be equipped with a functioning
certified ignition interlock device and the convicted person to meet the
requirements prescribed in section 28-1461 as follows:
1. For twelve months if:
(a) Except as provided in subsection
G
H
of this section, the person is convicted of a violation
of section 28-1381, section 28-1382, subsection A, paragraph 1
or section 28-1383, subsection A, paragraph 3, subdivision (a).
(b) The department determines that within a period
of eighty-four months the person is convicted of a second or subsequent
violation of section 28-1381 or section 28-1382, subsection A,
paragraph 1 with a prior conviction of a violation of section 28-1381, 28-1382
or 28-1383 or an act in another jurisdiction that if committed in this
state would be a violation of section 28-1381, 28-1382 or 28-1383.
2. For eighteen months if the person is convicted of
a violation of section 28-1382, subsection A, paragraph 2.
3. For twenty-four months if:
(a) The person is convicted of a violation of
section 28-1382, subsection A, paragraph 2 and the department determines
that within a period of eighty-four months the person has a prior conviction of
a violation of section 28-1381, 28-1382 or 28-1383 or an act
in another jurisdiction that if committed in this state would be a violation of
section 28-1381, 28-1382 or 28-1383.
(b) The person is convicted of a violation of
section 28-1383, subsection A, paragraph 1, 2, 4 or 5 or paragraph 3,
subdivision (b).
E. If a person is required to equip a motor vehicle
with a certified ignition interlock device pursuant to subsection D of this
section and the person has a medical condition that prevents the person from
using the certified ignition interlock device during the entire time period
required by subsection D of this section, the department
of
transportation
shall require monthly alcohol and drug screening instead
of the certified ignition interlock device for the time period prescribed by
subsection D of this section. The department
of
transportation
shall require evidence of the medical condition that is
satisfactory to the department
of TRANSPORTATION
and in a
manner prescribed by the department
of transportation
from an authorized physician as defined in section 28-2409 or an
authorized physician assistant as defined in section 28-2409. �The
alcohol or drug screening shall be provided by a facility approved by the
department of health services, the United States department of veterans
affairs, a substance abuse counselor as defined in section 28-3005 or a
probation department.
F. The requirement prescribed in subsection D of
this section begins on the date the person successfully completes the alcohol
or other drug screening, education or treatment program
or
evidence-based psychotherapy
requirements of this title and the
person is otherwise eligible to reinstate the person's driver license or
driving privilege. If the person is issued a special ignition
interlock restricted driver license for the violations giving rise to the
requirements prescribed in subsection D of this section or pursuant to section
28-1321, subsection P or section 28-1385, subsection J, the person
shall be credited for the amount of time that a certified ignition interlock
device is installed on the person's motor vehicle after the department
authorizes the installation of the certified ignition interlock device on that
person's motor vehicle.
G. A person who is required to equip a motor vehicle
with a certified ignition interlock device pursuant to this section shall
comply with chapter 4, article 5 of this title.
H. The department shall defer the remainder of the
time period prescribed in subsection D, paragraph 1, subdivision (a) of this
section commencing with the later of six months from the date the interlock was
installed or the completion of the requirements of this subsection if all of
the following apply:
1. The person is sentenced pursuant to section 28-1381,
subsection I.
2. The person successfully completes an alcohol
education program consisting of at least sixteen hours pursuant to section 28-1381.
3. The person has maintained a functioning ignition
interlock device on all motor vehicles the person operates and has met the
requirements of section 28-1461.
4. The person has not attempted to operate a vehicle
with an alcohol concentration of 0.08 or more two or more times during the
period of license restriction or limitation.
5. At the time of the offense, the person was not
involved in a motor vehicle accident that resulted in physical injury or
property damage.
6. All necessary compliance information has been
provided to the department by the ignition interlock device provider, the
alcohol screening program and the alcohol education program.
I. The deferment pursuant to subsection H of this
section is permanent, unless the person is arrested for a violation of section
28-1381, 28-1382 or 28-1383 that occurs during the period of
the deferment. If the person is arrested as described in this subsection, the
department shall revoke the deferment and require the person to complete the
remainder of the time period prescribed in subsection D, paragraph 1,
subdivision (a) of this section.
J. Notwithstanding any other law, the department
shall reduce the length of time that a person is required to have a functioning
certified ignition interlock device installed in a motor vehicle pursuant to
subsection D of this section by the length of time that the person is
incarcerated in a jail or prison facility for a violation of section 28-1381
or 28-1383 that did not involve intoxicating liquor.
K. For the purposes of this section
:
,
1.
"Certified ignition
interlock device" has the same meaning prescribed in section 28-1301.
2. "evidence-based
PSYCHOTHERAPY" has the same meaning prescribed in section 28-1381.
END_STATUTE