ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
vehicle operation; licenses; points
Purpose
Effective January 1, 2023, outlines requirements for assessing driving record points for violations and modifies requirements for the expungement of notes of suspension or revocation from the Arizona Department of Transportation (ADOT) public records.
Background
ADOT must file an application for a license and must maintain suitable indexes containing, in alphabetical order: 1) each application denied, with a note on each application of the reason for the denial; 2) each application granted; and 3) the name of each licensee whose license has been suspended or revoked by ADOT, with a note after each name of the reason for the action, with exceptions.
The Director of ADOT (Director) must expunge from the public records a note of a suspension or revocation if the licensee submits a certified copy of the court record indicating a dismissal or finding of not guilty of the violation on which the suspension or revocation is based. The Director must not expunge the record or must rescind the expungement of the record if the licensee: 1) operates a commercial motor vehicle without the proper class of commercial driver license; 2) holds a commercial driver license; 3) is convicted of or found responsible for outlined violations that occurred during the suspension or revocation period; or 4) has had their driver license or permit suspended due to a driving under the influence (DUI) test refusal or suspended and restricted pursuant to a lesser DUI or vehicular assault offense (A.R.S. 28-1321; 28-1385; and 28-3004).
It is unlawful for a person to drive or be in physical control of a vehicle if the person is under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of the substances (A.R.S. 28-1381).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows ADOT to assess points against the person's driving record for only one violation if multiple violations result from the same action or course of conduct.
2. Requires ADOT to assess the number of points for the violation that ADOT determines has the highest number of points.
3. Requires the Director to expunge from public records a note of a suspension or revocation for a DUI involving intoxicating liquor or drugs, or for vehicular homicide or assault, if:
a) the licensee submits a certified copy of the court record indicating a dismissal of the violation on which the suspension or revocation of the licensee's driver license or permit is based and submits proof that the charge was not refiled within six months of the dismissal; or
b) after 12 months the licensee has not been charged with a simple or extreme DUI violation resulting from the event on which the suspension or revocation of the licensee's driver license or permit is based.
4. Specifies an aggravated DUI offense may only be alleged as a historical prior felony conviction if the current offense is also an aggravated DUI offense.
5. Removes the prohibition against the state from dismissing a DUI violation charge, unless there is sufficient legal or factual basis to pursue that charge.
6. Exempts ADOT from rulemaking requirements for one year.
7. Makes technical and conforming changes.
8. Becomes effective on January 1, 2023.
Amendments Adopted by Committee
1. Exempts ADOT from rulemaking requirements for one year.
2. Delays the effective date to January 1, 2023.
House Action Senate Action
TRANS 2/16/22 DP 9-1-0-2 TAT 3/7/22 DPA 8-0-1
3rd Read 2/23/22 59-0-1
Prepared by Senate Research
March 9, 2022
RA/sr