Arizona Judicial Branch

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VEHICLES; SPECIAL REGISTRATION

Rep. McClure, et al

A nonresident vehicle registration permit is now valid for 90 days rather than 30 days.

Statutes Affected:  28-2003; 28-2154; 28-2154.01, 42-5061

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UNINSURED DRIVERS; PENALTIES; IMPOUNDMENT

Sen. Waring, et al

A peace officer must impound the vehicle of a driver who is in an accident, does not have insurance and is driving on a suspended, revoked or canceled license. The officer may also impound the vehicle of a driver who is driving without a license.

Additionally, the penalty for driving without insurance increases to:

·         $500 (from $250) for a first offense.

·         $750 (from $500) for a second offense.

·         $1000 (from $750) for a third offense.

The fines and license suspension will now be mandatory.

The bill is unclear as to whether §28-4137 applies, permitting the court to waive or reduce the license suspension.

Statutes Affected:  28-3511; 28-3512; 28-4135

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EMERGENCY VEHICLES; RIGHT-OF-WAY

Rep. Konopnicki, et al

Expands the requirements for drivers who encounter emergency vehicles. When a police vehicle exhibits an activated red or blue light and siren, a driver is prohibited from approaching or driving parallel to the vehicle and must maintain a distance of at least 300 feet behind the police vehicle until it has moved to the right. If the police vehicle is stationary, the driver should drive with caution and attempt to change lanes so that the driver is not in the lane adjacent to the emergency vehicle. Defensive driving schools may include courses and information regarding the procedures for encountering an emergency vehicle.

Statutes Affected:  28-775

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PROVIDING MINORS ALCOHOL; LICENSE SUSPENSION

Rep. Reagan

Authorizes the court to suspended the driver license for not more than 30 days for a first conviction and not more than six months for a second conviction if a person is convicted of knowingly:

·         Influencing the sale, giving or serving of spirituous liquor to a person under 21 years of age by misrepresenting the age of the person.

·         Ordering, requesting, receiving or procuring spirituous liquor from any licensee with the intent of selling, giving or serving it to a person under 21 years of age. 

Exemptions include parents or guardians of the minor at their place of residence, religious service or ceremony, title 4 licensee and employees within the scope of the license and employment.

Statutes Affected:  4-241; 28-3309

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DUI ASSESSMENT, DPS EQUIPMENT; BONUSES

Sen. Waring, et al

Additional assessments on DUI, Boating and Aircraft OUI convictions: $500 for first offense and $1250 for a second offense within 5 years.

For extreme DUI and Boating OUI: $1000 for a first offense and $1250 for a second offense within 5 years.

For Aggravated DUI, Boating OUI and third or subsequent Aircraft OUI, an additional assessment of $1500.

Proceeds to be deposited into the General Fund with an appropriation to DPS for body armor, stun guns and other safety equipment and an additional appropriation for the gang intelligence team enforcement mission (GITEM).

Statutes Affected:  5-395.01; 5-395.03; 5-396; 5-397; 28-1381; 28-1382; 28-1383; 28-8284; 28-8286; 28-8287; 28-8288

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CERTIFIED IGNITION INTERLOCK DEVICES

Sen. Gray, Sen. Verschoor

Persons convicted of Aggravated DUI, pursuant to A.R.S. §28-1383 (A)(3), DUI with a person under fifteen years of age in the vehicle, and persons whose license are suspended for implied consent for a first time in 60 months, may apply for an ignition-interlock restricted driver license in lieu of suspension or revocation. Implied consent requires an initial 90 day hard suspension. A juvenile whose license is suspended for alcohol and other offenses and an 18-20 year old convicted of driving with alcohol in the system must install an interlock device as a condition of obtaining a restricted license. 

Cleanup to §28-1383(A)(3) to clarify that the jail sentence range is that of a misdemeanor conviction for DUI, but the rest of the sentencing provisions are as set forth in §28-1383.

Statutes Affected:  28-673; 28-1301; 28-1321; 28-1383; 28-1461; 28-1463; 28-1464; 28-3159; 28-3166; 28-3319; 28-3320; 28-3322

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IMMOBILIZATION OF VEHICLES; DUI

Sen. Gray

Expungement of a DUI conviction pursuant to A.R.S. §13-907 does not affect any requirement to equip a defendant’s vehicle with an interlock device.

Conforms the language in the Reckless Driving and DUI statutes on release from jail in order for a defendant to attend school or work.

If a peace officer arrests a driver of a vehicle for extreme or aggravated DUI, or if the driver is under 21 and has been drinking an alcoholic beverage, the officer must remove the vehicle and either immobilize it or impound it. (Note, this section was amended in Chapter 113, SB 1420, however the “shall” language was not included). The bills will be blended.  Exceptions built into the statute.

Regulations governing duration, notification, early release, charges, etc. that currently pertain to impounded vehicles are extended to immobilized vehicles.

Contains an appropriation to ADOT to permit commercial driver schools and not more than 15 motorcycle dealers to act as third parties to administer commercial and motorcycle license exams respectively.

Statutes Affected:  28-3511; 28-3512; 28-3513; 28-3514