ARIZONA STATE SENATE
Makes various changes to
current statute regarding driver license application, suspension, revocation
and reinstatement.
An Ignition Interlock Device
(IID) is an electronic breath device that is attached to a motor vehicle’s
ignition system and is used to analyze the alcohol content within a person’s
body. The IID system will only allow
the vehicle’s ignition to properly operate if the person’s alcohol level meets
the device’s preset acceptable standards.
Statute currently outlines
the requirements that specify the length of time that a person convicted of a
Driving Under the Influence (DUI) violation must have an IID on a motor
vehicle. However, there have been
instances in which, because of processing and appeal, some individuals might
only have the IID for a few months.
This legislation attempts to correct this issue to ensure that all
persons ordered to install an IID are required to have the IID for the same 12
month period. According to the Motor
Vehicle Division, there are currently 38 IIDs installed on the motor vehicles
of convicted DUI offenders in Arizona.
Statute outlines license
suspension and revocation procedures for minors 17 years and younger convicted
of DUI violations. Minors under the age
of 18 who have been convicted of any DUI violation are required to have their
driver licenses suspended or their privileges to drive a motor vehicle refused
for a period of two years, upon the receipt of conviction. However, there are currently no statutory
provisions that outline the procedure for suspending or revoking the driver
license or privilege to drive for a person between the ages of 18 and 20
convicted of a DUI violation. This
legislation attempts to address this statutory discrepancy.
1. Requires The Arizona Department of Transportation (ADOT) to suspend or refuse to issue a driver license, for a period of two years, to a person of the age of 18, 19 or 20 who is convicted of a DUI violation.
2. Allows the court to use discretion in opting whether or not to allow a convicted 18, 19 or 20 year old to drive between home, school and work, depending upon the time of day, the person’s employment and the person’s school schedule.
3. Specifies that the 12-month IID requirement period begins upon the conclusion of the person’s license suspension, license revocation, or on the date of conviction, whichever occurs later.
4. Requires that current IID requirements be satisfied before a driver license can be reinstated.
5. Allows the court discretion in opting to extend the time that a person may be required to have an IID on a motor vehicle for more than one year, beginning on the conclusion of the license suspension, revocation or on the date of conviction, whichever occurs later.
6. Allows a person without a social security number to provide a sworn affidavit, stating that the person has no social security number, to apply for an instruction permit or driver license.
7. Stipulates that the application form for an instruction permit or driver license must be on a form prescribed or authorized by ADOT rather than strictly furnished by ADOT.
8. Disqualifies a person convicted of violating any railroad crossing law from driving a commercial motor vehicle for a period of time and specifies various disqualification periods.
9. Prohibits a person from driving a commercial motor vehicle and applying for a reduction of commercial license disqualification if the person is a recipient of a disqualification reduction and the person is subsequently disqualified from driving a commercial motor vehicle.
10. Prohibits ADOT from accepting an application for a driver license reinstatement following revocation until after a 12 month period preceding the application for reinstatement has elapsed.
11. Permits a person under 18 years of age but older than 16 years of age who has a motorcycle license from another jurisdiction to apply for a class M license or motorcycle endorsement without meeting the five month instruction permit requirement.
12. Clarifies that ADOT may impose transportation penalties even when the court sets aside a judgement of guilt.
13. Redefines “certified substance abuse counselor,” “physician” and “psychologist” by enabling such health care providers to be certified in any state rather than strictly in a contiguous state.
14. Contains definitions.
15. Contains technical and conforming changes.
16. Provides for a general effective date.
House Action
TRANS 1/29/01 DPA/SE 10-0-0
3rd Read 2/05/01 DP 56-0-4
Prepared by Senate Staff
March 9, 2001