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Other Arizona DUI Statutes

28-1327. Reproduction of records; admissibility; computer storage; definition

A. The head of a law enforcement agency or the director of the department of health services may place on computer storage any records concerning a quantitative breath testing device. Signatures that are found on the records do not have to be placed on computer storage.

B. A duplicate of any information that is placed on computer storage pursuant to subsection A is deemed to be an original of the record for all purposes and is admissible without further foundation in evidence if the following appears on each page:

Pursuant to section 28-1327, Arizona Revised Statutes, this document is a certified duplicate of the information contained in computer storage devices of the (name of agency).

C. For the purposes of this section, “duplicate” means a counterpart produced by any of the following:

1. The same impression or from the same matrix as the original.

2. Means of photography, including enlargements and miniatures.

3. Mechanical or electronic rerecording.

4. Chemical reproduction.

5. Any other equivalent technique that accurately reproduces the original.
28-1389. Waiver of fine, surcharge or assessment

Notwithstanding any other law, the court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12-116.01 or 12-116.02 for a conviction of an offense listed in this article.

28-1390. Emergency personnel; law enforcement

A. Notwithstanding any other law, if a law enforcement officer reasonably believes that a person may have violated section 28-1381, 28-1382 or 28-1383, the law enforcement officer may request emergency department personnel of a health care institution as defined in section 36-401 to provide to the law enforcement officer a copy of any written or electronic report of the person’s blood alcohol concentration.

B. Before requesting the information required by subsection A of this section, a law enforcement officer shall obtain permission from the emergency department director or the director’s designee to speak with the personnel. The permission shall not be refused, but may be delayed if, in the opinion of the emergency department director or the director’s designee, taking the personnel away from patient care duties could cause patient harm.

C. If a law enforcement officer makes a request of emergency department personnel pursuant to subsection A of this section, the personnel shall comply with the request. Emergency department personnel are not required to determine whether a law enforcement officer has a reasonable belief that a person may have violated section 28-1381, 28-1382 or 28-1383 when complying with the request in subsection A of this section.

D. Emergency department personnel do not incur any civil liability as a result of complying with this section unless the personnel, while performing the activity, act with gross negligence.

28-1441. Driving under the influence; records

A. The court shall maintain and make accessible to the general public all records regarding the disposition of cases in which a person is charged with a violation of section 28-1381, 28-1382 or 28-1383. The court shall include in these records an explanation of its reasons for accepting any plea agreement or dismissing any charge of a violation of section 28-1381, 28-1382 or 28-1383.

B. As determined to be necessary by the director, the department shall maintain and make accessible to certified ignition interlock installers limited motor vehicle and driver records information for the purpose of determining the eligibility of a person requesting installation of a certified ignition interlock device. The department shall not charge a fee for providing this information to the ignition interlock installer.

28-1442. Driving under the influence; records; reporting

A. The administrative office of the courts shall report to the governor’s office of highway safety by September 1 of each year for the previous fiscal year:

1. The number of complaints issued charging a violation that include both sections 28-1381 and 28-1382.

2. The number of complaints issued charging a violation that include either section 28-1381 or 28-1382.

B. By September 1 of each year the motor vehicle division shall report to the governor’s office of highway safety the number of ignition interlock devices ordered to be installed pursuant to sections 28-1381, 28-1382 and 28-1383 for the previous fiscal year.

C. By September 1 of each year the motor vehicle division shall report to the governor’s office of highway safety the number of ignition interlock devices that are currently in use in this state pursuant

to an order to be installed pursuant to sections 28-1381, 28-1382 and 28-1383.

D. By September 1 of each year each county attorney and municipal prosecutor shall report to the governor’s office of highway safety the number of cases dismissed pursuant to section 28-1387, subsection I for the previous fiscal year.

E. By October 1 of each year the governor’s office of highway safety shall report the information collected for the previous fiscal year pursuant to subsections A, B, C and D of this section to the president of the senate and the speaker of the house of representatives.

28-1443. Minimum security facility

A. A city, town or county may establish a minimum security facility for the confinement of persons convicted of a violation of section 28-1381 or 28-1382.

B. A judge may order a person sentenced pursuant to section 28-1381 or 28-1382 to serve the person’s sentence in a minimum security facility if one has been established.

C. The state department of corrections may enter into an agreement with a county, city or town pursuant to title 11, chapter 7, article 3 for the incarceration in a minimum security facility of persons sentenced pursuant to section 28-1381 or 28-1382.

28-1444. Reimbursement of incarceration costs

A. The court shall order a person who is sentenced to a term of incarceration for a violation of this chapter to reimburse the political subdivision that is responsible for the costs of the person’s incarceration for those incarceration costs.

B. The court may determine the amount of incarceration costs to be paid based on the following factors:

1. The per diem per person cost of incarceration incurred by the political subdivision that incarcerates the person.

2. The person’s ability to pay part or all of the incarceration costs.

28-1445. Alcohol or other drug screening; license suspension

A. The department of transportation shall order a person whose driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege is suspended pursuant to section 28-1385 to complete alcohol or other drug screening pursuant to this chapter. The alcohol or other drug screening shall be provided by a facility approved by the department of health services.

B. The department may accept evidence satisfactory to the department and in a manner prescribed by the department, after consulting with the administrative office of the courts, of a person’s completion of alcohol or other drug screening ordered by the court pursuant to section 28-1381, 28-1382, 28-1383 or 28-1387 as sufficient to meet the alcohol or other drug screening requirements of section 28-1385 and this section or the department may order the person to complete additional alcohol or other drug screening.

C. A person who is ordered to complete alcohol or other drug screening is responsible for paying the costs of the screening.

D. The department shall issue a driver license or permit or reinstate a person’s driving privilege only if the person provides satisfactory evidence to the department that the person has completed alcohol or other drug screening.

E. A person who provides an alcohol or other drug screening program shall electronically report the following to the department in a form prescribed by the department:

1. The completion of screening pursuant to this section.

2. The failure of a person to complete screening as ordered by the department pursuant to this section.

28-1461. Use of certified ignition interlock devices; reporting

A. If a person’s driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402:

1. The person shall:

(a) Pay the costs for installation and maintenance of the certified ignition interlock device.

(b) Provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person.

(c) Provide proof of compliance to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.

(d) 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 every ninety days during the period the person is ordered to use an ignition interlock device.

2. The department shall not reinstate the person’s driving privilege or issue a special ignition interlock restricted 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. While a person maintains a functioning certified ignition interlock device in a vehicle pursuant to this chapter, each time an installer obtains information recorded by a certified ignition interlock device the installer shall electronically provide to the department in a form prescribed by the department the following information:

1. Any tampering or circumvention.

2. Any failure to provide proof of compliance or inspection of the certified ignition interlock device as prescribed in this section.

3. Any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3 or, if the person is under twenty-one years of age, any attempt to operate the vehicle with any spirituous liquor in the person’s body.

C. If the person is under eighteen years of age, the installer shall also provide to the person’s parent or legal guardian the information prescribed in subsection B of this section.

D. On request, the installer shall provide the information prescribed in subsection B of this section to:

1. The department of health services authorized provider.

2. The probation department that is providing alcohol or other drug screening, education or treatment to the person.

3. The physician, psychologist or substance abuse counselor who is evaluating the person’s ability to safely operate a motor vehicle following a revocation of the person’s driving privilege as prescribed in section 28-3315, subsection D.

4. The court.

E. The department shall extend an ignition interlock restricted or limited driver license and the certified ignition interlock device period if the department has reasonable grounds to believe that any of the following applies:

1. The person tampered with or circumvented the certified ignition interlock device.

2. The person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3 three or more times during the period of license restriction or limitation.

3. If the person is under twenty-one years of age, the person attempted to operate the vehicle with any spirituous liquor in the person’s body during the period of license restriction or limitation.

4. The person failed to provide proof of compliance or inspection as prescribed in this section.

F. If the special ignition interlock restricted license is extended pursuant to subsection E of this section, the limitations prescribed in sections 28-1381, 28-1382, 28-1383 and 28-3319 do not begin until the restrictive period of the license ends.

G. The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383, 28-1385 or 28-3319 or restricted pursuant to section 28-1402 that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device.

H. Proof of compliance does not include a skipped or missed random sample if the motor vehicle’s ignition is off at the time of the skipped or missed sample.

 

 

Under 21 DUI:

4-244. Unlawful acts

It is unlawful:

34. For a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.

28-3322. Suspension of license for persons eighteen, nineteen and twenty years of age; definition

A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who commits a violation of section 4-244, paragraph 34 while the person is eighteen, nineteen or twenty years of age on receipt of the record of the person’s conviction for a violation of section 4-244, paragraph 34 for a period of two years.

B. If ordered by the court, the department shall restrict the person’s privilege to drive between the person’s home, school and place of employment during specified periods of time according to the person’s school and employment schedule.

C. If a person’s privilege to drive is restricted as prescribed in subsection B of this section, the department shall issue a special ignition interlock restricted driver license to the person pursuant to section 28-1401.

D. For the purposes of this section, “conviction” means a final conviction or judgment, including an order of the juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.


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