Reference Title: DUI; affirmative defense

AN ACT
AMENDING SECTIONS 9-499.07, 11-459, 28-1304, 28-1381, 28-1382, 28-1387, 28-1461 AND 28-1463, ARIZONA REVISED STATUTES; RELATING TO DRIVING UNDER THE INFLUENCE.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-499.07, Arizona Revised Statutes, is amended to read:

9-499.07 . Prisoner work, community service work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs

A. A city or town may establish a prisoner work, community service work and home detention program for eligible sentenced prisoners which shall be treated the same as confinement in jail. Such program shall be approved by the presiding judge of the city or town municipal court prior to its implementation.

B. A prisoner is not eligible for a prisoner work, community service work and home detention program if any of the following is applicable:

1. The prisoner is found by the city or town to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community service work and home detention program.

C. For prisoners selected for the program the city or town may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device which constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the city or town shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The city or town may place appropriate restrictions on prisoners in the program including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is required to be placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the city or town assesses a lesser fee. The fees collected shall be used by the city or town to offset operational costs of the program.

E. Prisoners selected for the home detention program shall be employed within the county in which the city or town is located. The city or town shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the city or town. Alternatively, or in addition, a community service work assignment may be made by the city or town to a program recommended by the community service work committee. If a prisoner is incapable of performing community service or being employed, the city or town may exempt the prisoner from these programs.

F. The city or town may require that a prisoner who is employed during the week also participate in community service work programs on weekends.

G. The city or town may allow prisoners to be away from home detention for special purposes including church attendance, medical appointments or funerals.

H. Community service work shall include public works projects operated and supervised by the city or town or other public agencies of this state or projects sponsored and supervised by public or private community oriented organizations and agencies.

I. A city or town implementing a program under this section shall appoint a community service work committee. The committee shall recommend to the city or town appropriate community service work projects for home detention prisoners. Members are not eligible to receive compensation.

J. At any time the city or town may terminate a prisoner's participation in the prisoner work, community service work and home detention program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

K. Nothing in this section shall prohibit a city or town from entering into a joint exercise of powers agreement pursuant to section 11-952 for a prisoner work, community service work and home detention program.

L. If authorized by the court, a person sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community service work and home detention program except as provided in subsections M through R of this section.

M. By a majority vote of the full membership of the governing body of the municipality after a public hearing and a finding of necessity, a city or town may establish a home detention program for persons sentenced to jail confinement pursuant to section 28-1381 or 28-1382. A prisoner placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The city or town shall use the collected monies to offset operational costs of the program.

N. If the city or town establishes a home detention program under subsection M of this section, a prisoner must meet the following eligibility requirements for the program:

1. The provisions of subsection B of this section apply in determining eligibility for the program.

2. If the prisoner is sentenced under section 28-1381, subsection I H , the prisoner first serves a minimum of twenty-four consecutive hours in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K J or section 28-1382, subsection D or F C OR E , the prisoner first serves a minimum of fifteen consecutive days in jail before being placed under home detention.

4. The prisoner is required to comply with all of the following provisions for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through H of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.

(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the city or town may impose.

O. If a city or town establishes a home detention program under subsection M of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection N, paragraph 2 of this section.

P. The court shall terminate a prisoner's participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection N, paragraph 4, subdivision (c) of this section, section 28-1381, subsection J or L I OR K or section 28-1382, subsection E or H D OR G .

2. The court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises.

Q. At any other time the court may terminate a prisoner's participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

R. The governing body of the city or town may terminate the program established under subsection M of this section by a majority vote of the full membership of the governing body.

Sec. 2. Section 11-459, Arizona Revised Statutes, is amended to read:

11-459 . Prisoner work, community service work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs; community service work committee; members; duties

A. The sheriff may establish a prisoner work, community service work and home detention program for eligible sentenced prisoners which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners.

B. A prisoner is not eligible for a prisoner work, community service work and home detention program if any of the following is applicable:

1. After independent review and determination of the jail's classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The prisoner has been convicted of a serious offense as defined by section 13-604 or has been determined to be a dangerous and repetitive offender.

4. Jail time is being served as a result of a felony conviction.

5. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community service work and home detention program.

6. The prisoner is sentenced to a county jail and is being held for another jurisdiction.

C. For prisoners selected for the program the sheriff may require electronic monitoring in the prisoner's home whenever the prisoner is not at his regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device which constantly monitors the prisoner's location in order to determine that the prisoner has not left his premises. In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements. The sheriff may place appropriate restrictions on prisoners in the program including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is required to be placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee. The fees collected shall be used by the sheriff to offset operational costs of the program.

E. Prisoners selected for the home detention program shall be employed in the county in which they are incarcerated. The sheriff shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the sheriff's office. Alternatively, or in addition, a community service work assignment may be made by the sheriff to a program recommended to the sheriff by the community service work committee. If a prisoner is incapable of performing community service or being employed, the sheriff may exempt the prisoner from these programs.

F. The sheriff may require that a prisoner who is employed during the week also participate in community service work programs on weekends.

G. The sheriff may allow prisoners to be away from home detention for special purposes including church attendance, medical appointments or funerals. The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners confined in the county jail.

H. Community service work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community service work committee and approval of the sheriff. The community service work committee may also recommend and the sheriff may approve other forms of community service work sponsored and supervised by public or private community oriented organizations and agencies.

I. The community service work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney's office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector. A sheriff's designee shall serve as committee chairman and schedule all meetings. The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community service work projects for home detention prisoners. The committee shall make its recommendations to the sheriff. Members are not eligible to receive compensation.

J. At any time the sheriff may terminate a prisoner's participation in the prisoner work, community service work and home detention program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

K. If authorized by the court, a person sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community service work and home detention program except as provided in subsections L through Q of this section.

L. 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 authorize the sheriff to establish a home detention program for persons sentenced to jail confinement pursuant to section 28-1381 or 28-1382. If the board authorized the establishment of a home detention program, a county sheriff may establish the program. A prisoner placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

M. If a county sheriff establishes a home detention program under subsection L of this section, a prisoner must meet the following eligibility requirements for the program:

1. The provisions of subsection B of this section apply in determining eligibility for the program.

2. If the prisoner is sentenced under section 28-1381, subsection I H , the prisoner first serves a minimum of twenty-four consecutive hours in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K J or section 28-1382, subsection D or F C OR E , the prisoner first serves a minimum of fifteen consecutive days in jail before being placed under home detention.

4. The prisoner is required to comply with all of the following requirements for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through H of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.

(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the county may impose.

N. If a county sheriff establishes a home detention program under subsection L of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M, paragraph 2 of this section.

O. The court shall terminate a prisoner's participation in the home detention program and shall require the prisoner to complete the remaining term of the jail sentence by jail confinement if either:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection M, paragraph 4, subdivision (c) of this section, section 28-1381, subsection J or L I OR K or section 28-1382, subsection E or H D OR G .

2. The prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority.

P. At any other time the court may terminate a prisoner's participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

Q. The sheriff may terminate the program at any time.

R. A person sentenced pursuant to section 28-1383 shall not be placed under home detention in a prisoner work, community service work and home detention program.

Sec. 3. Section 28-1304, Arizona Revised Statutes, is amended to read:

28-1304 . Driving under the influence abatement fund

A. The driving under the influence abatement fund is established consisting of monies deposited pursuant to section 28-1382, subsection D C , paragraph 3 and subsection F E , paragraph 3 and section 28-1383, subsection J, paragraph 2.

B. The driving under the influence abatement council established by section 28-1303 shall administer the fund.

C. One-half of the monies deposited in the fund shall be used for grants for pilot programs pursuant to section 28-1303, subsection F, paragraph 2 and one-half of the monies deposited in the fund shall be used for grants to political subdivisions pursuant to section 28-1303, subsection F, paragraph 5.

D. Monies in the fund are:

1. Continuously appropriated.

2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. On notice from the driving under the influence abatement council, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investments shall be credited to the fund.

Sec. 4. Section 28-1381, Arizona Revised Statutes, is amended to read:

28-1381 . Driving or actual physical control while under the influence; defenses; trial by jury; presumptions; admissible evidence; sentencing; classification

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 0.10 or more within two hours of 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.

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. It is an affirmative defense to a charge of a violation of subsection A, paragraph 2 of this section if the person did not have an alcohol concentration of 0.10 or more at the time of driving or of being in actual physical control of a vehicle. If a defendant produces some credible evidence that the defendant's alcohol concentration at the time of driving or being in actual physical control of a vehicle was below 0.10, the state must prove beyond a reasonable doubt that the defendant's alcohol concentration was 0.10 or more at the time of driving or being in actual physical control of a vehicle.

D. C. A person using a drug prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.

E. D. 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 , OR 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. E. 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. F. In a trial, action or proceeding for a violation of this section or section 28-1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, 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 0.10 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 0.10 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. G. Subsection G F 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. H. 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 two hundred fifty dollars.

3. May be ordered by a court to perform community service.

J. I. Notwithstanding subsection I H , paragraph 1 of this section, at the time of sentencing the judge may suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program 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. J. If within a period of sixty 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 state, a court of the United States or a tribal court 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 five hundred dollars.

3. May be ordered by a court to perform community service.

4. Shall have the person's driving privilege revoked. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege.

L. K. Notwithstanding subsection K J , 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 or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program 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. L. In applying the sixty month provision of subsection K J 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. M. 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. N. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

Sec. 5. Section 28-1382, Arizona Revised Statutes, is amended to read:

28-1382 . Driving or actual physical control while under the extreme influence of intoxicating liquor; defenses; trial by jury; sentencing; 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 of 0.18 or more within two hours of driving or being in actual physical control of the vehicle. 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.

B. It is an affirmative defense to a charge of a violation of this section if the person did not have an alcohol concentration of 0.18 or more at the time of driving or of being in actual physical control of a vehicle. If a defendant produces some credible evidence that the defendant's alcohol concentration at the time of driving or being in actual physical control of a vehicle was below 0.18, the state must prove beyond a reasonable doubt that the defendant's alcohol concentration was 0.18 or more at the time of driving or being in actual physical control of a vehicle.

C. B. 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. C. 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.

2. Shall pay a fine of not less than two hundred fifty dollars. The fine prescribed in this paragraph shall be paid before the assessment prescribed in paragraph 3 of this subsection.

3. Shall pay an additional assessment of two hundred fifty dollars. 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 service.

E. D. Notwithstanding subsection D C , paragraph 1 of this section, at the time of sentencing the judge may suspend all but ten days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment

program 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.

F. E. If within a period of sixty 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 state, a court of the United States or a tribal court 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.

2. Shall pay a fine of not less than five hundred dollars. The fine prescribed in this paragraph shall be paid before the assessment prescribed in paragraph 3 of this subsection.

3. Shall pay an additional assessment of two hundred fifty dollars. 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 service.

5. Shall have the person's driving privilege revoked. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege.

G. F. A court may order a person convicted of a violation of this section to equip any motor vehicle to be operated by the person with a certified ignition interlock device before the person's driver license is reinstated, and, if the court enters such an order, the court shall require:

1. The use of the certified ignition interlock device for at least one year after the person's driver license is reinstated.

2. The person to pay the costs for installation and maintenance of the certified ignition interlock device.

3. The person to provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle to be operated by the person.

4. The person to provide proof of compliance to the department at least once each calendar quarter.

5. The person to provide proof of inspection of the certified ignition interlock device for accurate operation and the results of the inspection to the department at least once each calendar quarter.

H. G. Notwithstanding subsection F E , paragraph 1 of this section, at the time of sentencing, the judge may suspend all but sixty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program 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.

I. H. In applying the sixty month provision of subsection F 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.

J. I. 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.

K. J. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

Sec. 6. Section 28-1387, Arizona Revised Statutes, is amended to read:

28-1387 . Prior convictions; alcohol or other drug screening, education and treatment; 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 state, a court of the United States or a tribal court 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 state, a court of the United States or a tribal court 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 sixty month provision.

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 or 28-1382 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state or the defendant or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. If a person is referred to a screening or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program.

C. After a person who is sentenced pursuant to section 28-1381, subsection I H has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section 28-1381, subsection K J or section 28-1382, subsection D or F C 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, on pronouncement of any jail sentence under this section, may provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or studies, may continue the employment or studies for not more than twelve hours a day nor more than five days a week. 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 studies.

D. Unless the license of a person sentenced under section 28-1381 or section 28-1382 has been or is suspended pursuant to section 28-1321 or 28-1385, the department on receipt of the abstract of conviction 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 F, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between any of the following:

1. The person's place of employment and residence and during specified periods of time while at employment.

2. The person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule.

3. The person's place of residence and a treatment facility for scheduled appointments.

4. The person's place of residence and the office of the person's probation officer for scheduled appointments.

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 service pursuant to section 28-1381 or 28-1382 does not incur any civil liability to the person ordered to perform community service as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.

H. Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.

Sec. 7. Section 28-1461, Arizona Revised Statutes, is amended to read:

28-1461. Court ordered use of certified ignition interlock devices

A. If a court limits a person's driving privilege pursuant to section 28-1382, subsection G F or section 28-1383, subsection K, the department shall not reinstate the person's 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. The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section 28-1382, subsection G F or 28-1383, subsection K that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device.

Sec. 8. Section 28-1463, Arizona Revised Statutes, is amended to read:

28-1463. Proof of compliance; inspections; suspension

A. If a person whose driving privilege is limited pursuant to section 28-1382 or 28-1383 does not submit proof to the department as prescribed in section 28-1382, subsection G F , paragraph 4 or 5 or section 28-1383, subsection K, paragraph 4 or 5, the department shall immediately suspend the person's driver license for at least one year.

B. A person whose driver license is suspended pursuant to this section may submit a written request for a hearing. The written request must be received by the department within fifteen days after the date of the order of suspension. On receipt of a request for a hearing, a hearing shall be held within thirty days.