ARIZONA STATE SENATE

Phoenix, Arizona

FINAL REVISED

FACT SHEET FOR H.B. 2182

~~DUI; ignition interlock devices~~

(NOW: ignition interlock devices; DUI)

Purpose

Requires that an ignition interlock device (IID) be used for 12 months beginning on the date of conviction for specified driving under the influence (DUI) offenses or on the conclusion of the license suspension or revocation, whichever occurs later.

Background

An IID is a device that connects a breath analyzer to a motor vehicle's ignition system. The IID monitors the concentration of alcohol in the breath of any person attempting to start the motor vehicle and only allows the ignition to start if the weight of alcohol in the person's breath is below a preset level.

Current statute specifies that a person is required to use an IID on a vehicle for one year following license suspension or revocation for specified DUI offenses. Because the IID use is tied to the date upon which the person’s driving privileges are reinstated rather than the date of a court’s action on an underlying DUI offense, some offenders use the IID for less than 12 months, and some offenders may not be required to use the IID at all. For example, when the DUI violation occurs, the Motor Vehicle Division (MVD) will suspend the license within 15 days. When the license is returned 90 days later, the clock begins to run for the IID. If the offender, due to delays in the trial and further appeals, is not sentenced for another year, the offender could potentially never use the IID. H.B. 2182 requires the timeline for 12 months of IID use to begin on the date of conviction or on the conclusion of the license suspension or revocation, whichever occurs later.

The City of Phoenix reports that the bill requires all offenders to use IIDs for a consistent amount of time. Additionally, because the legislation allows MVD to check its own records for prior DUI offenses rather than requiring courts to send records of DUI offenses, the City of Phoenix reports that there will be a cost savings to courts. MVD estimates initial costs of $32,280 for computer programming costs but expects these costs to be recouped through savings under this bill.

Provisions

1. Specifies that the 12-month IID requirement period begins upon the person's date of conviction for a DUI offense or on the conclusion of license suspension or revocation, whichever occurs later.

2. Authorizes MVD to order an IID based upon MVD’s own records.

3. Makes conforming changes.

4. Provides for a general effective date.

Amendments Adopted by Committee

Adopted a strike everything amendment.

Amendments Adopted by Committee of the Whole

Adopted the Judiciary Committee amendment.

Amendments Adopted by Conference Committee

Makes a conforming change.

Senate Action House Action

JUD 3/20/01 DPA/SE 7-0-1-0 Final Passage 4/18/01 53-1-6-0

3^rd Read 4/4/01 29-1-0
Final Passage 4/19/01 27-3-0-0

Signed by the Governor 4/26/01

Chapter 253

Prepared by Senate Staff