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REFERENCE TITLE: ignition interlock device; time requirements |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1200 |
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Introduced by Senators Gray, Pierce S: Biggs, Gould
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AN ACT
amending sections 28-1445 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 28-1445, Arizona Revised Statutes, is amended to read:
28-1445. Alcohol or other drug screening; license suspension; voluntary education or treatment
A. The department of transportation shall order a person whose driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege is suspended pursuant to section 28‑1385 to complete alcohol or other drug screening pursuant to this chapter. The alcohol or other drug screening shall be provided by a facility approved by the department of health services.
B. The department may accept evidence satisfactory to the department and in a manner prescribed by the department, after consulting with the administrative office of the courts, of a person's completion of alcohol or other drug screening ordered by the court pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑1387 as sufficient to meet the alcohol or other drug screening requirements of section 28‑1385 and this section or the department may order the person to complete additional alcohol or other drug screening.
C. A person who is ordered to complete alcohol or other drug screening is responsible for paying the costs of the screening.
D. The department shall issue a driver license or permit or reinstate a person's driving privilege only if the person provides satisfactory evidence to the department that the person has completed alcohol or other drug screening.
E. A person who provides an alcohol or other drug screening program shall electronically report the following to the department in a form prescribed by the department:
1. The completion of screening pursuant to this section.
2. The failure of a person to complete screening as ordered by the department pursuant to this section.
F. A person whose driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege is suspended pursuant to section 28-1385 may voluntarily complete an alcohol or other drug education or treatment program that is provided by a facility approved by the department of health services.
Sec. 2. Section 28-3319, Arizona Revised Statutes, is amended to read:
28-3319. Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition
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, 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 provides proof from the treatment facility that the person has completed or is participating satisfactorily in alcohol or other drug screening, education or treatment.
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 provides proof from the facility that the person has completed the court ordered program.
D. On receipt of a report of conviction from a court, 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 of this section, the person is convicted of a violation of section 28-1381 or section 28-1382, subsection A, paragraph 1.
(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.
E. The requirement prescribed in subsection D of this section begins on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.
F. 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.
G. The department shall reduce the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section to the later of six months from the date of the violation 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 or other drug education or treatment program pursuant to section 28-1445, subsection F or section 28‑1381.
3. The person has maintained a functioning ignition interlock device on any motor vehicle the person operates and has met the requirements of section 28-1461 for at least six consecutive months.
G. H. For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28‑1301.