Arizona Traffic Law 2
A.R.S. 28-1301
Definitions
In this chapter, unless the context otherwise requires:
1. "Certified ignition interlock device" means an ignition interlock device that is certified pursuant to article 5 of this chapter.
2. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:
(a) Has a gross combined weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.
(b) Has a gross vehicle weight rating of twenty-six thousand one or more pounds.
(c) Is a school bus.
(d) Is a bus.
(e) Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.
3. "Education" means a program in which a person participates in at least sixteen hours of classroom instruction relating to alcohol or other drugs.
4. "Ignition interlock device" means a device that is based on alcohol specific electrochemical fuel sensor technology that meets the national highway traffic safety administration specifications, that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the motor vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level.
5. "Installer" means a person who is certified by the department to install ignition interlock devices and provide services to the public related to ignition interlock devices.
6. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles.
7. "Manufacturer" means a person who is certified by the department to offer ignition interlock devices for installation in motor vehicles in this state.
8. "Screening" means a preliminary interview and assessment of an offender to determine if the offender requires alcohol or other drug education or treatment.
9. "Tampering" means an overt or conscious attempt to physically disable, circumvent or otherwise disconnect the certified ignition interlock device from its power source that allows the operator to start the engine without taking and passing the requisite breath test.
10. "Treatment" means a program consisting of at least twenty hours of participation in a group setting dealing with alcohol or other drugs in addition to the sixteen hours of education.
Comment: Definitions in Arizona Statutes are sections that provide explanation for certain terms you will usually see in a specific chapter.
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A.R.S. 28-1303
Oversight council on driving or operating under the influence abatement
A. The oversight council on driving or operating under the influence abatement is established consisting of the following ten members:
1. The director of the department of public safety or the director's designee.
2. The assistant director for the motor vehicle division of the department of transportation or the assistant director's designee.
3. The director of the governor's office of highway safety.
4. One member of the public who is appointed by the governor.
5. One member of the public who is appointed by the speaker of the house of representatives.
6. One member of the public who is appointed by the president of the senate.
7. One municipal law enforcement member who is appointed by the governor on the recommendation of an Arizona association of chiefs of police.
8. One county law enforcement member who is appointed by the governor on the recommendation of an Arizona county sheriff's association.
9. One city prosecutor who is appointed by the governor on the recommendation of the Arizona prosecuting attorney's advisory council.
10. One county attorney who is appointed by the governor on the recommendation of the Arizona prosecuting attorney's advisory council.
B. Members appointed pursuant to subsection A, paragraphs 4, 5, 6, 7, 8, 9 and 10 of this section serve three year staggered terms.
C. Members appointed pursuant to subsection A, paragraphs 1, 2 and 3 of this section shall serve as advisory nonvoting members of the council.
D. The voting members of the council shall annually elect a chairperson from among the members.
E. Members of the council are not eligible to receive compensation, but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6, 7, 8, 9 and 10 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
F. The oversight council on driving or operating under the influence abatement may use the facilities for meeting and the staff of the Arizona criminal justice commission.
G. The oversight council on driving or operating under the influence abatement may enter into interagency agreements with the Arizona criminal justice commission and other agencies for agency business.
H. The council shall:
1. Make grants from the driving under the influence abatement fund established by section 28-1304 to political subdivisions and tribal governments that apply for monies for enforcement purposes, prosecutorial and judicial activities and alcohol abuse treatment services related to preventing and abating driving or operating under the influence occurrences in a motor vehicle or a motorized watercraft as defined in section 5-301.
2. Make grants from the driving under the influence abatement fund established by section 28-1304 to innovative programs that use emerging technologies to educate, prevent or deter occurrences of driving or operating under the influence in a motor vehicle or a motorized watercraft.
3. Receive quarterly reports from the entities receiving grants and evaluate their effectiveness. The council may make additional grants to the recipients and oversee the progress of those programs.
4. On or before December 1 of each year, submit a written report on the effectiveness of the grants provided in reducing the incidence of driving or operating under the influence to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.
Comment: Arizona has a traffic council of government officials that will work as a group to try and reduce driving under the influence (DUI) in the state. Some members are filled simply by their position in office, and other members appointed.
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A.R.S. 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 4-213, subsection J, section 5-396, subsection I, paragraph 2, section 5-397, subsection D, paragraph 3 and subsection F, paragraph 3, section 28-1382, subsection D, paragraph 3 and subsection E, paragraph 3 and section 28-1383, subsection J, paragraph 2.
B. The oversight council on driving or operating under the influence abatement established by section 28-1303 shall administer the fund.
C. Twenty-five per cent of the monies deposited in the fund shall be used for grants for innovative programs pursuant to section 28-1303, subsection H, paragraph 2 and seventy per cent of the monies deposited in the fund shall be used for grants to political subdivisions and tribal governments pursuant to section 28-1303, subsection H, paragraph 1.
D. Not more than five per cent of the monies deposited in the fund shall be used for both of the following:
1. Administrative purposes of the oversight council on driving or operating under the influence abatement.
2. Payment of the costs of notification prescribed by section 28-1467.
E. Monies in the fund are:
1. Continuously appropriated.
2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.
F. On notice from the oversight council on driving or operating under the influence abatement, 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.
Comment: The Arizona legislature has created a managed fund that will be used to reduce DUI in the state. The council is 28-1303 is a big part of this.
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A.R.S. 28-1321 (1st Part of the Statute)
Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension; special ignition interlock restricted driver license
A. A person who operates a motor vehicle in this state gives consent, subject to section 4-244, paragraph 33 or section 28-1381, 28-1382 or 28-1383, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 33 while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle in this state either:
1. While under the influence of intoxicating liquor or drugs.
2. If the person is under twenty-one years of age, with spirituous liquor in the person's body.
B. After an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and if the violator refuses the violator shall be informed that the violator's license or permit to drive will be suspended or denied for twelve months, or for two years for a second or subsequent refusal within a period of eighty-four months, unless the violator expressly agrees to submit to and successfully completes the test or tests. A failure to expressly agree to the test or successfully complete the test is deemed a refusal. The violator shall also be informed that:
1. If the test results show a blood or breath alcohol concentration of 0.08 or more, or if the results show a blood or breath alcohol concentration of 0.04 or more and the violator was driving or in actual physical control of a commercial motor vehicle, the violator's license or permit to drive will be suspended or denied for not less than ninety consecutive days.
2. The violator's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege may be issued or reinstated following the period of suspension only if the violator completes alcohol or other drug screening.
C. A person who is dead, unconscious or otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subsection A of this section and the test or tests may be administered, subject to section 4-244, paragraph 33 or section 28-1381, 28-1382 or 28-1383.
D. If a person under arrest refuses to submit to the test designated by the law enforcement agency as provided in subsection A of this section:
1. The test shall not be given, except as provided in section 28-1388, subsection E or pursuant to a search warrant.
2. The law enforcement officer directing the administration of the test shall:
(a) File a certified report of the refusal with the department.
(b) On behalf of the department, serve an order of suspension on the person that is effective fifteen days after the date the order is served.
(c) Require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person.
(d) If the license or permit is not surrendered, state the reason why it is not surrendered.
(e) If a valid license or permit is surrendered, issue a temporary driving permit that is valid for fifteen days.
(f) Forward the certified report of refusal, a copy of the completed notice of suspension, a copy of any completed temporary permit and any driver license or permit taken into possession under this section to the department within five days after the issuance of the notice of suspension.
Comment: If you are pulled over and arrested for a DUI, the fact that you were driving a vehicle gives the officer permission to test you. The police will choose the method of testing. After your arrest, refusal to take the test can cause your license to be suspended or denied for a while. If you do have alcohol in your system, your license will be suspended. You can refuse the test, but the police can test you with a warrant. Even without a warrant, you will be likely surrendering your license. To read the full statute, click here.
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