Five DUI Do's and Don'ts

Five DUI Do’s and Don’ts1.  DO be polite and courteous to the Officer.   They are just trying to do their job, but even more importantly they can make your life much easier or much harder.  Simple decisions like whether to tow your vehicle or not are up to them.  Be nice to them and it is more likely that they will be nice back to you.

2.  DO NOT take the Portable Breathalyzer Test or PBT.  It is highly inaccurate and the results are not likely to help you in any way.   The PBT is a small Breathalyzer test that is given on the side of the road.  It will be a hand held device that the officer will have you blow in to.  This will only give the officer more probable cause to arrest you and suspend your license.  Politely refuse but tell them you will consent to the blood 
test.

3.  DO NOT do the Horizontal Gaze Nystagmus or HGN test.  This is the test where the Officer tells you to look forward and follow either their finger or a small light with your eyes.  This is a very subjective test and the results will most likely be hurtful to your case.  Politely decline when the officer requests that you do the test.

4.  DO NOT do the Field Sobriety Tests or FST’s.  These are the physical tests that the officer does on the side of the road such as walk in a straight line, raise your foot and count, lean back and touch your finger to your nose, etc.  These are very subjective tests and I have never seen them helpful to a client’s case.  Politely decline to take them.

5.  DO let them draw your blood for a Blood Alcohol test.  If you refuse to do this test, then they will quickly get a warrant and do it anyway, but then your driver’s license will be automatically suspended for a year.  Therefore, you do have to let them do this test.  

While the best way to avoid a DUI is to of course not drive after you have had any alcohol, following these five easy steps will increase the chances that your attorney will be able to get you a positive outcome in your case.  

If you have gotten a DUI, call our office for a free consultation to go over your legal options.  The earlier in the case you get a private attorney involved, the more they will be able to do in your case.  

Divorce's Effect on Children

When getting a divorce it is very important to consider how that will affect you both practically and financially, however one thing that should not be overlooked is how the most important assets in your life are also adapting to the changes- your children.   Parents should not overlook the fact that they may be confused about the changes and not understand why it is happening or what it means. 

At the Law Offices of Stephanie Lee Ehrbright, we are dedicated to helping you through the entire process of your divorce.  Our Firm has a library of books and videos for children of all ages to help explain and ease the transition.  Any client is welcome to browse the library and check out any of the books or videos for their children free of cost.   Below is a current list of our library.  All books and DVD’s are also available at Amazon.com and local book retailers. 

Little Kid Books- appropriate for around ages 1-6

Standing on My Own Two Feet by Tamara Schmitz

Dinosaurs Divorce by Laurene Krasny Brown and Marc Brown

It’s Not Your Fault Koko Bear by Vicki Lansky

Was it the Chocolate Pudding?  By Sandra Levins and Bryan Langdo

My Family Is Changing by Pat Thomas

Two Homes by Claire Masurel and Kady MacDonald Denton

Big Kid Books- appropriate for around ages 7-11

Mom’s House, Dad’s House for Kids by Isolina Ricci, Ph.D

What in the World Do you Do When Your Parents Divorce by Kent Winchester and Roberta Beyer

Teenager Books- appropriate for around ages 12-18

The Divorce Helpbook for Teens by Cynthia MacGregor

Divorce is Not the End of the World by Zoe and Evan Stern

Website with free divorce videos & activities appropriate for kids 1-6

Sesame Street- http://www.sesamestreet.org/parents/topicsandactivities/topics/divorce

Kid’s Divorce DVD appropriate for kids ages 6+

Taking the Duh Out of Divorce by Trevor Romain

A Father's Child Custody Rights

Frequently I have male clients that are worried whether the mother of their children will be able to take their kids away from them based solely on the fact that they are the children’s mother.  In a word the answer is a resounding- NO. 

According to Arizona Statute, custody of children is based on what is in the child’s best interest.   Not only do Arizona Statutes not offer any presumption that the mother should have the children based on her gender, but it specifically forbids any custody decision based on a parents gender.  

Arizona Revised Statute 25-403.01 states directly that “The court in determining custody shall not prefer a parent as custodian because of that parent’s sex”.   In other words, both parents start out with the presumption that being with their child as close as possible to 50% of the time is what is in the best interests of the child.   

Two parents created the child and unless there are some sort of extreme circumstances, it is in the child’s best interest for them to grow up with both parents in their lives.   You may no longer like the person you had a child with, but that does not change the fact that it is almost always in your child’s best interest to have both parents active in their lives. 

There are factors that courts do take in to consideration when determining what is in the best interest of the children.  According to ARS 25-403, a judge has to consider all relevant factors when deciding custody including:

1.    The wishes of the child’s parent or parents as to custody.

2.     The wishes of the child as to the custodian.

3.     The interaction and interrelationship of the child with the child’s parents, the child’s siblings, and any other person who may significantly affect the child’s best interest. 

4.     The child’s adjustment to home, school, and community.

5.     The mental and physical health of all individuals involved. 

6.     Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent. 

7.     Whether one, both, or neither parent has provided primary care of the child.

8.     The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.

9.     Whether both parents took the mandatory parenting education class.

10. Whether either parent was convicted of an act of false reporting of child abuse or neglect. 

11. Whether there has been domestic violence or child abuse.

In future blogs I will discuss each of these factors in more detail, discuss the difference between custody, legal decision making, and parenting time, and discuss the ins and outs of establishing paternity in Arizona.  

Felony Offenses in Arizona Explained

In Arizona there are six different types of felonies.  They range from Murder being the highest at a Class 1 felony down to a Class 6 being the lowest type of felony.   All are charged by the State in Superior Court.  In Arizona there are specific Sentencing Guidelines that the court must go by when sentencing someone to any level of felony.   Sentences can range from Probation with no jail time for lower level offenses with no priors up to Life in the Department of Corrections (i.e. Prison) or the Death Penalty for the worst offenses.   A Probation sentence can also include up to a year in the County Jail as punishment. 

There are some facts that may make a sentence for an offense harsher.  For instance, if the person has prior felony offenses then they placed in a higher sentencing range.  Or if in a drug offense there was an amount of the drug above the listed “threshold”, then they are also placed in a higher sentencing range.  Certain offenses such as Drug Offenses and Crimes Against Children have their own sentencing guidelines that are harsher than the traditional ones. 

Additionally, Felony Offenses can be charged as either “Dangerous” or “Non-Dangerous”.  An offense is deemed to be Dangerous if a deadly weapon or dangerous instrument was used in the offense.  This can include a variety of things such as guns, knives, vehicles, or sometimes even every day items such as a rock, letter opener, or hammer.  If the Felony Offense is labeled as Dangerous then the Defendant faces a higher sentencing range and is NOT eligible to get sentenced to Probation.  In other words, if a person is Found Guilty at trial or takes a plea to a Dangerous Offense then they must be sentenced to prison. 

Once it is determined which sentencing range the offense falls under, then the Court starts with the “Presumptive Sentence” and either increases it based on Aggravating factors or decreases it based on Mitigating factors.  These factors are presented to the Judge by Defense Counsel and the County Attorney.   The Judge decides the actual sentence if the person is Found Guilty after trial or Pleads Guilty in a plea bargain. 

There are several different types of Plea Bargains that can be reached.  A Plea is a set agreement where the Defendant pleads Guilty to the offense in exchange for getting a lesser sentence.  Please can either be open range, for example they may say 5-7 years, and the Judge decides where in that range they should fall.  Or a plea can be stipulated to, for example it may say 6 years, and in that case the Judge would sentence the person to that amount of time. 

With Class 6 felonies, there are a few different varieties.  A Class 6 felony can be either Designated or Undesignated (i.e. “Open”).  If the Class 6 felony is Designated, then it will remain a Class 6 felony on the person’s record.  However, in cases where the person does not have any priors and it is a lesser offense, it is possible for their attorney to negotiate an Undesignated or Open Class 6 Felony.  That means that after the person has finished their Probation and done everything they are supposed to, they can ask the Court to Designate (turn in to) the Offense a Misdemeanor.   Then they would no longer have a Felony on their record.  However, until such time as the Court Designates an offense to be a Misdemeanor then it is treated as a Felony for all other purposes.  

Thank You to All the Veterans

I had a great weekend camping and exploring Arizona back roads with my family.   This Memorial Day, and every day, I would like to say thank you to all of the Veterans past and present who have fought and are still currently fighting for our freedom so that we can all safely do the things we love and enjoy the lives that at times I think some of us take for granted.   

Freedom is not free.   There are many brave men and women who have made it their mission to protect us and our way of life.  Some pay with the ultimate sacrifice.  Some come back with physical scars and limitations.  Some come back with psychological scars and limitations.   After seeing war, I'm certain no one returns quite the same.  

Remember this every time you see an American flag flying.  Remember this when you see a soldier in their neatly pressed uniform.  And please still remember this when you see the homeless man on the corner talking to himself in between asking you for some spare change.   War is not pretty and what happens to our men and women when we send them over seas to fight for us is usually not pretty either.  If we want to enjoy our freedom then we need to stand up for them like they stood up for us.  

I have had many clients who are Vets and their legal problems are caused by issues stemming directly from them serving our country.  The decorated life long soldier who is so desensitized he didn't realize what is a joke in a war zone is a felony in civilian life.   The Army grunt who cannot sleep at night due to the visions of bombs and people on fire running through his mind like a movie he cannot shut off, so he turned to drugs.  The Marine who still sees the enemy in the corner and sometimes can no longer tell when they are real and when they are not without his medication, so he drank to make them disappear because he couldn't get adequate psychological help and as a result has been homeless most of his adult life.   

These people deserve our respect.  They deserve our patience.  They deserve our help.  They earned it and they would not be in the situation they are in now if they hadn't laid it all on the line for you and for me.  We owe them.   So thank them today on Memorial Day as we all enjoy our 3 day weekend.  But please don't forget about them also on a day to day basis the rest of the year.   

It is beyond politics.  It is beyond beliefs.   These men and women didn't make the decision of where to fight or when to fight, they were told where to go and they did.  To protect us and protect our way of life.  So whether you are a man or woman, rich or poor, Republican or Democrat- make sure next time you get a chance to appreciate a United States Armed Forces Veteran that you do so, Memorial Day and every day.  

DREAM Act

Today the only subject I can think about to blog is the DREAM Act.  The reason it is even heavier on my mind is because today 12 of my High School Mock Trial students are graduating.   Their school has 94% Hispanic students enrolled.   300 of them graduated an hour ago.   Many other Phoenix area high schools also have a majority of Hispanic students.   Some of those thousands of local high school students are US citizens and some likely are not.

I understand the concern about illegal immigration issues like identity theft, drugs, etc.  I understand needing to do something to secure our borders.  However the public needs to realize that this is not the face of all illegal immigrants.  As a matter of fact, it is not the face of most illegal immigrants.  Most people want to enter this country to make a better life for themselves.  I believe that comprehensive immigration reform needs to happen in this country to address all of those issues.

There are a few different categories of immigration reform that need to be addressed though.  First there are the future people coming in to the country and the people who are already here.  Then that can be further divided in to the people who are here trying to work, raise a family, and make a better life for themselves and people that are here committing crimes.  Even further, that category of people who are already here and are working to raise their family and make a better life for themselves can be divided in to the parents who came here and their children who have lived here as long as they can remember and had no say in whether they came to this country or not.   Those children who have lived here since they were very small and have gone through school just like any American child, but now have a severely limited future in this country because they are forbidden from using their education and talent to get a job due to their immigration status.   I am addressing that narrow issue of only those kids in this blog.

Something needs to happen for those kids and it needs to happen sooner rather than later.   If a child has been here since they were in diapers, had no say in whether they came to this country originally or not, and has excelled in school there needs to be some sort of mechanism for them to become a US citizen.   End of subject in my book.  The DREAM Act is that way.   And the DREAM Act only addresses that narrow issue, the person had to have been in the country since a young age and have graduated high school.   It will do nothing one way or the other for all the other categories.

This one issue of immigration reform can be separated from the others in my opinion and addressed much swifter than the rest.  I'm talking about kids that you or I would not be able to distinguish from any other American teenager unless they told you.  Kids that have 4.0 GPA's in High School.  That are on the honor roll.  That have extra curricular activities like Chess Club, Future Business Leaders of America, and Boys & Girls Club.  That have the intelligence and talent to change this world for the better if we just give them a chance.   These kids are the type of people we want as American citizens.  Something needs to be done to address them and it needs to happen now.

Pass the DREAM Act!!   Both for the kid's sake so they can have hope and make something out of their lives and for our country's sake so that we don't pass by the opportunity to have these extraordinary people become US citizens and better our country.

Oh, and CONGRATULATIONS to all my Mock Trial kids who graduated today!!!   I am very proud of all of you!

Arizona Medical Marijuana & HIPAA laws

               The Arizona medical marijuana law was written as just that, a medical law.  This throws an interesting curve ball at law enforcement though.  There are HIPAA privacy laws.  As it currently stands, a person's medical marijuana card will list a state number to register the user as legally allowed to possess and consume marijuana.  However when a police officer is given the card, the only way they have to verify that particular number is registered to that person, or anyone for that matter, is to call in the state agency who licenses them.   However, medical marijuana is medical, it is a medical prescription law enforcement would be inquiring about, so under HIPAA privacy laws the state, nor dispensary, nor doctor can reveal any medical information to officers if they called.  The result is, as the law currently stands, when a law enforcement official stops someone that has marijuana and a medical marijuana card the police have absolutely no way to prove whether or not that person really has a valid medical marijuana card issued to them.

Governor signs new DUI law with significant changes including taking away Constitutional right to a Jury Trial

Governor Brewer signed Senate Bill 1200 in to law last week, which will have a significant impact on many of my clients.  The full text of the bill is below, but the biggest changes to Arizona Driving Under the Influence law are: it becomes possible with alcohol treatment for First Time Regular (Impaired to Slightest Degree or Blood Alcohol Level {BAC} .08-.15) DUI offenders to only be required to have six months of an Ignition Interlock Device in their vehicles instead of the current full year; it expands the Home Detention system for DUI offenses; it makes it possible for a judge to sentence a first time Extreme DUI (BAC .15-.20) offender to 9 days jail instead of the current minimum of 30 days; it makes it possible for a judge to sentence a first time Super Extreme DUI  (BAC above .20) offender to 14 days jail instead of the current minimum of 45 days; but it also has the rather troubling result from a Defense Attorney's perspective of taking away the right to a jury trial for First Time Regular DUI offenders.   This was not in the original drafts of the bill and was only inserted at the last minute, so no debate was able to be had on the topic.   I am very disappointed in our AZ legislature and Governor for taking away such an important Constitution right without having any public debate on the matter.   Under the new law, which is sure to be challenged by many a defense attorney including myself, someone charged with a First Time Regular DUI is no longer entitled to a jury trial, their case must be tried to the Bench (i.e. to the Judge).  It isn't unless the Prosecutor is alleging that the Defendant has a prior DUI (thus increasing all the penalties) that they are entitled to a trial by a jury of their piers.   While I am happy to see most of the changes that the bill presents, I am very concerned about taking away my clients' Constitutional right to a Jury Trial, especially given how many people in the state are charged with DUI's and how much of an impact a conviction for a DUI can have on a client's life.    With a jury, we can question them and pick unbiased jurors.  With a judge, it is just assumed that they are non-biased because they are wearing a robe.  In most cases that is true, but not always- especially in a system where Justices of the Peace are hearing cases and they are elected to the bench and do not need to be an attorney to be elected, have gone to law school, or have even had any legal experience at all.  I look forward to challenging this bill.   As a note to all the clients who have already asked me, this bill will not go in to effect until December 31, 2011- so even if it is upheld it will likely not apply to you unless you are charged much later in the year.   It will not be retroactive.  Complete bill text below: House Engrossed Senate Bill State of Arizona Senate Fiftieth Legislature First Regular Session 2011 SENATE BILL 1200 AN ACT AMENDING SECTIONS 5‑395.01 AND 9‑499.07, ARIZONA REVISED STATUTES; AMENDING TITLE 11, CHAPTER 2, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 11‑251.14; AMENDING SECTIONS 11‑445, 11‑459, 22‑131, 28‑1304, 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑1385, 28‑1401, 28‑1402, 28‑1461, 28‑1464 AND 28‑1465, ARIZONA REVISED STATUTES; AMENDING TITLE 28, CHAPTER 5, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 28‑1525; AMENDING SECTIONS 28‑2163, 28‑3315, 28‑3319 AND 31‑233, ARIZONA REVISED STATUTES; RELATING TO DRIVING UNDER THE INFLUENCE. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1.  Section 5-395.01, Arizona Revised Statutes, is amended to read: 5-395.01.  Operating or in actual physical control of a motorized watercraft while under the influence; classification; penalties A.  A person who is convicted of a violation of section 5‑395 is guilty of a class 1 misdemeanor.  The person: 1.  Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served. 2.  Shall pay a fine of not less than two hundred fifty dollars. 3.  May be ordered by a court to perform community restitution. 4.  Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. 5.  Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. C.  Notwithstanding subsection A, paragraph 1 of this section and except as provided in section 5‑398.01, the judge may either: 1.  Suspend any imposed sentence for a first violation of section 5‑395 if the person completes a court ordered alcohol or other drug screening, education or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served. 2.  Suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program and if the court determines the person recklessly endangered another person with a substantial risk of physical injury.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served. D.  If within a period of eighty-four months a person is convicted of a second violation of section 5‑395 or is convicted of a violation of section 5‑395 and has previously been convicted of an act in another jurisdiction that if committed in this state would be a violation of section 5‑395, the person: 1.  Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served. 2.  Shall pay a fine of not less than five hundred dollars. 3.  Shall be ordered by the court to perform at least thirty hours of community restitution.  If the person fails to complete the community restitution ordered pursuant to this paragraph, the court may order alternative sanctions if the court determines that alternative sanctions are more appropriate. 4.  Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. 5.  Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. E.  Notwithstanding subsection D, paragraph 1 of this section, at the time of sentencing, except if the court determines the person recklessly endangered another person with a substantial risk of physical injury, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served. F.  In applying the eighty-four month provision of subsection D of this section, the dates of the commission of the offense shall be the determining factor irrespective of the sequence in which the offenses were committed. G.  A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. H.  Any political subdivision processing or utilizing the services of a person ordered to perform community restitution pursuant to this section does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence. I.  After a person who is sentenced pursuant to subsection A of this section has served twenty‑four consecutive hours in jail or after a person who is sentenced pursuant to subsection D of this section has served forty‑eight consecutive hours in jail and after receiving confirmation that the person is employed or is a student, the court, on pronouncement of any jail sentence under this section, may provide in the sentence that the person may be permitted, if the person is employed or is a student and can continue the person's employment or studies, to continue such employment or studies for not more than twelve hours per day nor more than five days per week, and the remaining day, days or parts of days shall be spent in jail until the sentence is served.  The person shall be allowed out of jail only long enough to complete the actual hours of employment or studies and no longer. J.  A person who is sentenced pursuant to this section is eligible for a home detention program pursuant to the provisions ofsection 9‑499.07, subsections M through R  S or section 11‑459, subsections L through Q  R. K.  The court shall allow the allegation of a prior conviction or other pending charge of a violation of section 5‑395 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or other pending charge of a violation of section 5‑395 filed any time before the date the case is actually tried, provided that when the allegation is filed this state must make available to the defendant a copy of any information obtained concerning the prior conviction or other pending charge.  Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty‑four month provision. L.  If a person is placed on probation for violating section 5‑395, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services. Sec. 2.  Section 9-499.07, Arizona Revised Statutes, is amended to read: 9-499.07.  Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs A.  A city or town may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail.  The presiding judge of the city or town municipal court shall approve the program before its implementation. B.  A prisoner is not eligible for a prisoner work, community restitution work and home detention program OR A CONTINUOUS ALCOHOL MONITORING PROGRAM if any of the following applies: 1.  The prisoner is found by the city or town to constitute a risk to either himself or other members of the community. 2.  The prisoner has a past history of violent behavior. 3.  The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community restitution work and home detention program OR A CONTINUOUS ALCOHOL MONITORING PROGRAM. C.  For prisoners who are selected for the A program ESTABLISHED PURSUANT TO SUBSECTION A OF THIS SECTION, the city or town may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task.  If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises.  In all other cases, the city or town shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements.  The city or town may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program. D.  If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an THEelectronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the city or town assesses a lesser fee.  The city or town shall use the fees collected to offset operational costs of the program. E.  Prisoners who are selected for the home detention program shall be employed within the county in which the city or town is located.  The city or town shall review the place of employment to determine whether it is appropriate for a home detention prisoner.  If the prisoner is terminated from employment or does not come to work, the employer shall notify the city or town.  Alternatively, or in addition, a community restitution work assignment may be made by the city or town to a program recommended by the community restitution work committee.  If a prisoner is incapable of performing community restitution or being employed, the city or town may exempt the prisoner from these programs. F.  The city or town may require that a prisoner who is employed during the week also participate in community restitution work programs on weekends. G.  The city or town may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals. H.  Community restitution work shall include public works projects operated and supervised by the city or town or other public agencies of this state or projects sponsored and supervised by public or private community oriented organizations and agencies. I.  A city or town implementing a program under this section ESTABLISHED PURSUANT TO SUBSECTION A OF THIS SECTION shall appoint a community restitution work committee.  The committee shall recommend to the city or town appropriate community restitution work projects for home detention prisoners.  Members are not eligible to receive compensation. J.  At any time the city or town may terminate a prisoner's participation in the prisoner work, community restitution work and home detention program OR CONTINUOUS ALCOHOL MONITORING PROGRAM and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement. K.  Nothing in this section shall prohibit a city or town from entering into a joint exercise of powers agreement pursuant to section 11‑952 for a prisoner work, community restitution work and home detention program. L.  If authorized by the court, a person who is sentenced pursuant to section 28‑1381 or 28‑1382 shall not be placed under home detention in a prisoner work, community restitution work and home detention program OR CONTINUOUS ALCOHOL MONITORING PROGRAM except as provided in subsections M through R  S of this section. M.  By a majority vote of the full membership of the governing body of the municipality after a public hearing and a finding of necessity, a city or town may establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28‑1381 or 28‑1382.  A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount.  The city or town shall use the collected monies to offset operational costs of the program. N.  A CITY OR TOWN MAY ESTABLISH A CONTINUOUS ALCOHOL MONITORING PROGRAM FOR PERSONS WHO ARE SENTENCED TO JAIL CONFINEMENT PURSUANT TO SECTION 28-1381 OR 28-1382, WHICH SHALL BE TREATED THE SAME AS CONFINEMENT IN JAIL.  THE PRESIDING JUDGE OF THE CITY OR TOWN MUNICIPAL COURT SHALL APPROVE THE PROGRAM BEFORE ITS IMPLEMENTATION.  A PRISONER WHO IS PLACED UNDER A CONTINUOUS ALCOHOL MONITORING PROGRAM ESTABLISHED PURSUANT TO THIS SUBSECTION SHALL BEAR THE COST OF ALL TESTING, MONITORING AND ENROLLMENT IN THE PROGRAM AND PAY THIRTY DOLLARS PER MONTH WHILE IN THE PROGRAM, UNLESS, AFTER DETERMINING THE INABILITY OF THE PRISONER TO PAY THE COST, THE COURT ASSESSES A LESSER AMOUNT.  THE CITY OR TOWN SHALL USE THE COLLECTED MONIES TO OFFSET OPERATIONAL COSTS OF THE PROGRAM.  N.  O.  If the city or town establishes a home detention OR CONTINUOUS ALCOHOL MONITORING program under subsection M OR N of this section, a prisoner must meet the following eligibility requirements for the program: 1.  Subsection B of this section applies in determining eligibility for the program. 2.  If the prisoner is sentenced under section 28‑1381, subsection I, the prisoner first serves a minimum of twenty‑four consecutive hours ONE DAY in jail. 3.  Notwithstanding section 28‑1387, subsection C, if the prisoner is sentenced under section 28‑1381, subsection K or section 28‑1382, subsection D or E, the prisoner first serves a minimum of fifteen consecutive days TWENTY PER CENT OF THE INITIAL TERM OF INCARCERATION in jail before being placed under home detention OR CONTINUOUS ALCOHOL MONITORING. 4.  IF PLACED UNDER HOME DETENTION, the prisoner is required to comply with all of the following provisions for the duration of the prisoner's participation in the home detention program: (a)  All of the provisions of subsections C through H of this section. (b)  Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests. (c)  Participation in an alcohol or drug program, or both.  These programs shall be accredited by the department of health services or a county probation department. (d)  Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program. (e)  All other provisions of the sentence imposed. 5.  Any additional eligibility criteria that the city or town may impose. O.  P.  If a city or town establishes a home detention program under subsection M of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered.  The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises.  Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection N  O, paragraph 2 of this section. P.  Q.  The court shall terminate a prisoner's participation in the home detention OR CONTINUOUS ALCOHOL MONITORING program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if: 1.  The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection N  O, paragraph 4, subdivision (c) of this section or section 28‑1381, subsection J or L. 2.  IF PLACED UNDER HOME DETENTION, the court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises. Q.  R.  At any other time the court may terminate a prisoner's participation in the home detention OR CONTINUOUS ALCOHOL MONITORING program and require the prisoner to complete the remaining term of the jail sentence by jail confinement. R.  S.  The governing body of the city or town may terminate the program established under subsection M of this section by a majority vote of the full membership of the governing body. Sec. 3.  Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-251.14, to read: 11-251.14.  Prisoner home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs A.  A COUNTY MAY ESTABLISH A HOME DETENTION PROGRAM FOR ELIGIBLE SENTENCED PRISONERS, WHICH SHALL BE TREATED THE SAME AS CONFINEMENT IN JAIL. THE PRESIDING JUSTICE OF THE PEACE OF THE COUNTY JUSTICE COURT SHALL APPROVE THE PROGRAM BEFORE ITS IMPLEMENTATION. B.  A PRISONER IS NOT ELIGIBLE FOR A HOME DETENTION PROGRAM OR A CONTINUOUS ALCOHOL MONITORING PROGRAM IF ANY OF THE FOLLOWING APPLIES: 1.  THE PRISONER IS FOUND BY THE COURT TO CONSTITUTE A RISK TO EITHER HIMSELF OR OTHER MEMBERS OF THE COMMUNITY. 2.  THE PRISONER HAS A PAST HISTORY OF VIOLENT BEHAVIOR. 3.  THE SENTENCING JUDGE STATES AT THE TIME OF THE SENTENCE THAT THE PRISONER MAY NOT BE ELIGIBLE FOR A HOME DETENTION PROGRAM OR A CONTINUOUS ALCOHOL MONITORING PROGRAM. C.  FOR PRISONERS WHO ARE SELECTED FOR A PROGRAM ESTABLISHED PURSUANT TO SUBSECTION A OF THIS SECTION, THE COURT MAY REQUIRE ELECTRONIC MONITORING IN THE PRISONER'S HOME WHENEVER THE PRISONER IS NOT AT THE PRISONER'S REGULAR PLACE OF EMPLOYMENT OR WHILE THE PRISONER IS ASSIGNED TO A COMMUNITY WORK TASK.  IF ELECTRONIC MONITORING IS REQUIRED, THE PRISONER SHALL REMAIN UNDER THE CONTROL OF A HOME DETENTION DEVICE THAT CONSTANTLY MONITORS THE PRISONER'S LOCATION IN ORDER TO DETERMINE THAT THE PRISONER HAS NOT LEFT THE PRISONER'S PREMISES.  IN ALL OTHER CASES, THE COURT SHALL IMPLEMENT A SYSTEM OF MONITORING USING TELEPHONE CONTACT OR OTHER APPROPRIATE METHODS TO ASSURE COMPLIANCE WITH THE HOME DETENTION REQUIREMENTS.  THE COURT MAY PLACE APPROPRIATE RESTRICTIONS ON PRISONERS IN THE PROGRAM, INCLUDING TESTING PRISONERS FOR CONSUMPTION OF ALCOHOLIC BEVERAGES OR DRUGS OR PROHIBITING ASSOCIATION WITH INDIVIDUALS WHO ARE DETERMINED TO BE DETRIMENTAL TO THE PRISONER'S SUCCESSFUL PARTICIPATION IN THE PROGRAM. D.  IF A PRISONER IS PLACED ON ELECTRONIC MONITORING PURSUANT TO SUBSECTION C OF THIS SECTION, THE PRISONER SHALL PAY THE ELECTRONIC MONITORING FEE IN AN AMOUNT RANGING FROM ZERO TO FULL COST AND THIRTY DOLLARS PER MONTH WHILE ON ELECTRONIC MONITORING, UNLESS, AFTER DETERMINING THE INABILITY OF THE PRISONER TO PAY THESE FEES, THE COURT ASSESSES A LESSER FEE. THE COUNTY SHALL USE THE FEES COLLECTED TO OFFSET OPERATIONAL COSTS OF THE PROGRAM. E.  PRISONERS WHO ARE SELECTED FOR THE HOME DETENTION PROGRAM SHALL BE EMPLOYED IN THE COUNTY IN WHICH THEY ARE INCARCERATED.  THE COURT SHALL REVIEW THE PLACE OF EMPLOYMENT TO DETERMINE WHETHER IT IS APPROPRIATE FOR A HOME DETENTION PRISONER.  IF THE PRISONER IS TERMINATED FROM EMPLOYMENT OR DOES NOT COME TO WORK, THE EMPLOYER SHALL NOTIFY THE COURT. F.  THE COURT MAY ALLOW PRISONERS TO BE AWAY FROM HOME DETENTION FOR SPECIAL PURPOSES, INCLUDING CHURCH ATTENDANCE, MEDICAL APPOINTMENTS OR FUNERALS. G.  AT ANY TIME THE COURT MAY TERMINATE A PRISONER'S PARTICIPATION IN THE HOME DETENTION PROGRAM OR CONTINUOUS ALCOHOL MONITORING PROGRAM AND REQUIRE THAT THE PRISONER COMPLETE THE REMAINING TERM OF THE PRISONER'S SENTENCE IN JAIL CONFINEMENT. H.  IF AUTHORIZED BY THE COURT, A PERSON WHO IS SENTENCED PURSUANT TO SECTION 28-1381 OR 28-1382 SHALL NOT BE PLACED UNDER HOME DETENTION OR A CONTINUOUS ALCOHOL MONITORING PROGRAM EXCEPT AS PROVIDED IN SUBSECTIONS I THROUGH N OF THIS SECTION. I.  BY A MAJORITY VOTE OF THE FULL MEMBERSHIP OF THE BOARD OF SUPERVISORS AFTER A PUBLIC HEARING AND A FINDING OF NECESSITY, A COUNTY MAY ESTABLISH A HOME DETENTION PROGRAM FOR PERSONS WHO ARE SENTENCED TO JAIL CONFINEMENT PURSUANT TO SECTION 28-1381 OR 28-1382.  A PRISONER WHO IS PLACED UNDER THE PROGRAM ESTABLISHED PURSUANT TO THIS SUBSECTION SHALL BEAR THE COST OF ALL TESTING, MONITORING AND ENROLLMENT IN ALCOHOL OR SUBSTANCE ABUSE PROGRAMS UNLESS, AFTER DETERMINING THE INABILITY OF THE PRISONER TO PAY THE COST, THE COURT ASSESSES A LESSER AMOUNT.  THE COUNTY SHALL USE THE COLLECTED MONIES TO OFFSET OPERATIONAL COSTS OF THE PROGRAM. J.  A COUNTY MAY ESTABLISH A CONTINUOUS ALCOHOL MONITORING PROGRAM FOR PERSONS WHO ARE SENTENCED TO JAIL CONFINEMENT PURSUANT TO SECTION 28-1381 OR 28-1382, WHICH SHALL BE TREATED THE SAME AS CONFINEMENT IN JAIL.  THE PRESIDING JUSTICE OF THE PEACE OF THE COUNTY JUSTICE COURT SHALL APPROVE THE PROGRAM BEFORE ITS IMPLEMENTATION.  A PRISONER WHO IS PLACED UNDER A CONTINUOUS ALCOHOL MONITORING PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BEAR THE COST OF ALL TESTING, MONITORING AND ENROLLMENT IN THE PROGRAM AND PAY THIRTY DOLLARS PER MONTH WHILE IN THE PROGRAM, UNLESS, AFTER DETERMINING THE INABILITY OF THE PRISONER TO PAY THE COST, THE COURT ASSESSES A LESSER AMOUNT.  THE COUNTY SHALL USE THE COLLECTED MONIES TO OFFSET OPERATIONAL COSTS OF THE PROGRAM. K.  IF THE COUNTY ESTABLISHES A HOME DETENTION OR CONTINUOUS ALCOHOL MONITORING PROGRAM UNDER SUBSECTION I OR J OF THIS SECTION, A PRISONER MUST MEET THE FOLLOWING ELIGIBILITY REQUIREMENTS FOR THE PROGRAM: 1.  SUBSECTION B OF THIS SECTION APPLIES IN DETERMINING ELIGIBILITY FOR THE PROGRAM. 2.  IF THE PRISONER IS SENTENCED UNDER SECTION 28‑1381, SUBSECTION I, THE PRISONER FIRST SERVES A MINIMUM OF ONE DAY IN JAIL. 3.  NOTWITHSTANDING SECTION 28-1387, SUBSECTION C, IF THE PRISONER IS SENTENCED UNDER SECTION 28-1381, SUBSECTION K OR SECTION 28-1382, SUBSECTION D OR E, THE PRISONER FIRST SERVES A MINIMUM OF TWENTY PER CENT OF THE INITIAL TERM OF INCARCERATION IN JAIL BEFORE BEING PLACED UNDER HOME DETENTION OR CONTINUOUS ALCOHOL MONITORING. 4.  IF PLACED UNDER HOME DETENTION, THE PRISONER IS REQUIRED TO COMPLY WITH ALL OF THE FOLLOWING PROVISIONS FOR THE DURATION OF THE PRISONER'S PARTICIPATION IN THE HOME DETENTION PROGRAM: (a)  ALL OF THE PROVISIONS OF SUBSECTIONS C THROUGH F OF THIS SECTION. (b)  TESTING AT LEAST ONCE A DAY FOR THE USE OF ALCOHOLIC BEVERAGES OR DRUGS BY A SCIENTIFIC METHOD THAT IS NOT LIMITED TO URINALYSIS OR A BREATH OR INTOXICATION TEST IN THE PRISONER'S HOME OR AT THE OFFICE OF A PERSON DESIGNATED BY THE COURT TO CONDUCT THESE TESTS. (c)  PARTICIPATION IN AN ALCOHOL OR DRUG PROGRAM, OR BOTH.  THESE PROGRAMS SHALL BE ACCREDITED BY THE DEPARTMENT OF HEALTH SERVICES OR A COUNTY PROBATION DEPARTMENT. (d)  PROHIBITION OF ASSOCIATION WITH ANY INDIVIDUAL DETERMINED TO BE DETRIMENTAL TO THE PRISONER'S SUCCESSFUL PARTICIPATION IN THE PROGRAM. (e)  ALL OTHER PROVISIONS OF THE SENTENCE IMPOSED. 5.  ANY ADDITIONAL ELIGIBILITY CRITERIA THAT THE COURT MAY IMPOSE. L.  IF A COUNTY ESTABLISHES A HOME DETENTION PROGRAM UNDER SUBSECTION I OF THIS SECTION, THE COURT, ON PLACING THE PRISONER IN THE PROGRAM, SHALL REQUIRE ELECTRONIC MONITORING IN THE PRISONER'S HOME AND, IF CONSECUTIVE HOURS OF JAIL TIME ARE ORDERED, SHALL REQUIRE THE PRISONER TO REMAIN AT HOME DURING THE CONSECUTIVE HOURS ORDERED.  THE DETENTION DEVICE SHALL CONSTANTLY MONITOR THE PRISONER'S LOCATION TO ENSURE THAT THE PRISONER DOES NOT LEAVE THE PREMISES. M.  THE COURT SHALL TERMINATE A PRISONER'S PARTICIPATION IN THE HOME DETENTION OR CONTINUOUS ALCOHOL MONITORING PROGRAM AND REQUIRE THE PRISONER TO COMPLETE THE REMAINING TERM OF THE JAIL SENTENCE BY JAIL CONFINEMENT IF: 1.  THE PRISONER FAILS TO SUCCESSFULLY COMPLETE A COURT ORDERED ALCOHOL OR DRUG SCREENING, COUNSELING, EDUCATION AND TREATMENT PROGRAM PURSUANT TO SUBSECTION K, PARAGRAPH 4, SUBDIVISION (c) OF THIS SECTION OR SECTION 28‑1381, SUBSECTION J OR L. 2.  IF PLACED UNDER HOME DETENTION, THE COURT FINDS THAT THE PRISONER LEFT THE PREMISES WITHOUT PERMISSION OF THE COURT OR SUPERVISING AUTHORITY DURING A TIME THE PRISONER IS ORDERED TO BE ON THE PREMISES. N.  AT ANY OTHER TIME THE COURT MAY TERMINATE A PRISONER'S PARTICIPATION IN THE HOME DETENTION OR CONTINUOUS ALCOHOL MONITORING PROGRAM AND REQUIRE THE PRISONER TO COMPLETE THE REMAINING TERM OF THE JAIL SENTENCE BY JAIL CONFINEMENT. O.  THE COUNTY BOARD OF SUPERVISORS MAY TERMINATE THE PROGRAM ESTABLISHED UNDER SUBSECTION I OF THIS SECTION BY A MAJORITY VOTE OF THE FULL MEMBERSHIP OF THE GOVERNING BODY. Sec. 4.  Section 11-445, Arizona Revised Statutes, is amended to read: 11-445.  Fees chargeable in civil actions by sheriffs, constables and private process servers; authority of private process servers; background investigation; constables' logs A.  The sheriff shall receive the following fees in civil actions: 1.  For serving each true copy of the original summons in a civil suit, sixteen dollars, except that the sheriff shall not charge a fee for service of any document pursuant to section 13‑3602 or any injunction against harassment pursuant to section 12‑1809 if the court indicates the injunction arises out of a dating relationship. 2.  For summoning each witness, sixteen dollars. 3.  For levying and returning each writ of attachment or claim and delivery, forty‑eight dollars. 4.  For taking and approving each bond and returning it to the proper court when necessary, twelve dollars. 5.  For endorsing the forfeiture of any bond required to be endorsed by him, twelve dollars. 6.  For levying each execution, twenty‑four dollars. 7.  For returning each execution, sixteen dollars. 8.  For executing and returning each writ of possession or restitution, forty‑eight dollars plus a rate of forty dollars per hour per deputy or constable for the actual time spent in excess of three hours. 9.  For posting the advertisement for sale under execution, or any order of sale, twelve dollars. 10.  For posting or serving any notice, process, writ, order, pleading or paper required or permitted by law, not otherwise provided for, sixteen dollars except that posting for a writ of restitution shall not exceed ten dollars. 11.  For executing a deed to each purchaser of real property under execution or order of sale, twenty‑four dollars. 12.  For executing a bill of sale to each purchaser of real and personal property under an execution or order of sale, when demanded by the purchaser, sixteen dollars. 13.  For services in designating a homestead or other exempt property, twelve dollars. 14.  For receiving and paying money on redemption and issuing a certificate of redemption, twenty‑four dollars. 15.  For serving and returning each writ of garnishment and related papers, forty dollars. 16.  For the preparation, including notarization, of each affidavit of service or other document pertaining to service, eight dollars. 17.  For every writ served on behalf of a justice of the peace, a fee established by the board of supervisors not to exceed five dollars per writ. Monies collected from the writ fees shall be deposited in the constable ethics standards and training fund established by section 22‑138. B.  The sheriff shall also collect the appropriate recording fees if applicable and other appropriate disbursements. C.  The sheriff may charge: 1.  Fifty‑six dollars plus disbursements for any skip tracing services performed. 2.  A reasonable fee for executing a civil arrest warrant ordered pursuant to court rule by a judge or justice of the peace.  The fee shall only be charged to the party requesting the issuance of the civil arrest warrant. 3.  A reasonable fee for storing personal property levied on pursuant to title 12, chapter 9. D.  For traveling to serve or on each attempt to serve civil process, writs, orders, pleadings or papers, the sheriff shall receive two dollars forty cents for each mile actually and necessarily traveled but, in any event, not to exceed two hundred miles, nor to be less than sixteen dollars. Mileage shall be charged one way only.  For service made or attempted at the same time and place, regardless of the number of parties or the number of papers so served or attempted, only one charge for travel fees shall be made for such service or attempted service. E.  For collecting money on an execution when it is made by sale, the sheriff and the constable shall receive eight dollars for each one hundred dollars or major portion thereof not to exceed a total of two thousand dollars, but when money is collected by the sheriff without a sale, only one‑half of such fee shall be allowed.  When satisfaction or partial satisfaction of a judgment is received by the judgment creditor after the sheriff or constable has received an execution on the judgment, the commission is due the sheriff or constable and is established by an affidavit of the judgment creditor filed with the officer.  If the affidavit is not lodged with the officer within thirty days of the request, the commission shall be based on the total amount of judgment due as billed by the officer and may be collected as any other debt by that officer. F.  The sheriff shall be allowed for all process issued from the supreme court and served by the sheriff the same fees as are allowed the sheriff for similar services on process issued from the superior court. G.  The constable shall receive the same fees as the sheriff for performing the same services in civil actions, except that mileage shall be computed from the office of the justice of the peace originating the civil action to the place of service. H.  Notwithstanding subsection G of this section, in a county with a population of more than three million persons, if an office of a justice of the peace is located outside of the precinct boundaries, the mileage for a constable shall be calculated pursuant to subsection D of this section, except that the distance between the precinct boundaries and the office of the justice of the peace, as determined by the county and certified by the board of supervisors of that county, shall be subtracted from the mileage calculation.  This certified mileage calculation shall be transmitted to the justice courts and the clerks of those courts shall calculate the mileage between the office of the justice of the peace and the location where the civil process, writ, order, pleading or paper was served and reduce the mileage used to calculate the mileage fee according to the certified mileage calculation for that respective jurisdiction. I.  Private process servers duly appointed or registered pursuant to rules established by the supreme court may serve all process, writs, orders, pleadings or papers required or permitted by law to be served before, during or independently of a court action, including all such as are required or permitted to be served by a sheriff or constable, except writs or orders requiring the service officer to sell, deliver or take into the officer's custody persons or property, or as may otherwise be limited by rule established by the supreme court.  A private process server is an officer of the court.  As a condition of registration, the supreme court shall require each private process server applicant to furnish a full set of fingerprints to enable a criminal background investigation to be conducted to determine the suitability of the applicant.  The completed applicant fingerprint card shall be submitted with the fee prescribed in section 41‑1750 to the department of public safety.  The applicant shall bear the cost of obtaining the applicant's criminal history record information.  The cost shall not exceed the actual cost of obtaining the applicant's criminal history record information.  Applicant criminal history records checks shall be conducted pursuant to section 41‑1750 and Public Law 92‑544.  The department of public safety is authorized to exchange the submitted applicant fingerprint card information with the federal bureau of investigation for a federal criminal records check.  A private process server may charge such fees for services as may be agreed on between the process server and the party engaging the process server. J.  Constables shall maintain a log of work related activities including a listing of all processes served and the number of processes attempted to be served by case number, the names of the plaintiffs and defendants, the names and addresses of the persons to be served except as otherwise precluded by law, the date of process and the daily mileage. K.  The log maintained in subsection J of this section is a public record and shall be made available by the constable at the constable's office during regular office hours.  Copies of the log shall be filed monthly with the clerk of the justice court and with the clerk of the board of supervisors. L.  If the sheriff or constable serves a warrant issued by a justice or superior court judge for failure to pay a fine, the court shall collect a ten per cent surcharge on the amount of the fine owed by the defendant and shall transmit the monies collected to the county treasurer for deposit in the county general fund. Sec. 5.  Section 11-459, Arizona Revised Statutes, is amended to read: 11-459.  Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs; community restitution work committee; members; duties A.  The sheriff may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners. B.  A prisoner is not eligible for a prisoner work, community restitution work and home detention program OR A CONTINUOUS ALCOHOL MONITORING PROGRAM if any of the following applies: 1.  After independent review and determination of the jail's classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community. 2.  The prisoner has a past history of violent behavior. 3.  The prisoner has been convicted of a serious offense as defined in section 13‑706 or has been determined to beSENTENCED AS a dangerous and OFFENDER PURSUANT TO SECTION 13-704 OR repetitive offender PURSUANT TO SECTION 13-703. 4.  Jail time is being served as a result of a felony conviction. 5.  The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community restitution work and home detention program OR A CONTINUOUS ALCOHOL MONITORING PROGRAM. 6.  The prisoner is sentenced to a county jail and is being held for another jurisdiction. C.  If a prisoner is selected for the A program ESTABLISHED PURSUANT TO SUBSECTION A OF THIS SECTION, the sheriff may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task.  If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises.  In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements.  The sheriff may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program. D.  If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an THEelectronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee.  The sheriff shall use the fees collected to offset operational costs of the program. E.  Prisoners who are selected for the home detention program shall be employed in the county in which they are incarcerated.  The sheriff shall review the place of employment to determine whether it is appropriate for a home detention prisoner.  If the prisoner is terminated from employment or does not come to work, the employer shall notify the sheriff's office.  Alternatively, or in addition, a community restitution work assignment may be made by the sheriff to a program recommended to the sheriff by the community restitution work committee.  If a prisoner is incapable of performing community restitution or being employed, the sheriff may exempt the prisoner from these programs. F.  The sheriff may require that a prisoner who is employed during the week also participate in community restitution work programs on weekends. G.  The sheriff may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals.  The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners who are confined in the county jail. H.  Community restitution work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community restitution work committee and approval of the sheriff.  The community restitution work committee may also recommend and the sheriff may approve other forms of community restitution work sponsored and supervised by public or private community oriented organizations and agencies. I.  The community restitution work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney's office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector.  A sheriff's designee shall serve as committee chairman and schedule all meetings.  The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community restitution work projects for home detention prisoners.  The committee shall make its recommendations to the sheriff.  Members are not eligible to receive compensation. J.  At any time the sheriff may terminate a prisoner's participation in the prisoner work, community restitution work and home detention program OR CONTINUOUS ALCOHOL MONITORING PROGRAM and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement. K.  If authorized by the court, a person who is sentenced pursuant to section 28‑1381 or 28‑1382 shall not be placed under home detention in a prisoner work, community restitution work and home detention program OR A CONTINUOUS ALCOHOL MONITORING PROGRAM except as provided in subsections L through Q  R of this section. L.  By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity a county may authorize the sheriff to establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28‑1381 or 28‑1382.  If the board authorizes the establishment of a home detention program, a county sheriff may establish the program.  A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount.  The county shall use the collected monies to offset operational costs of the program. M.  A COUNTY SHERIFF MAY ESTABLISH A CONTINUOUS ALCOHOL MONITORING PROGRAM FOR PERSONS WHO ARE SENTENCED TO JAIL CONFINEMENT PURSUANT TO SECTION 28-1381 OR 28-1382, WHICH SHALL BE TREATED THE SAME AS CONFINEMENT IN JAIL AND SHALL FULFILL THE SHERIFF'S DUTY TO TAKE CHARGE OF AND KEEP THE COUNTY JAIL AND PRISONERS.  A PRISONER WHO IS PLACED UNDER A CONTINUOUS ALCOHOL MONITORING PROGRAM ESTABLISHED PURSUANT TO THIS SUBSECTION SHALL BEAR THE COST OF ALL TESTING, MONITORING AND ENROLLMENT IN THE PROGRAM AND PAY THIRTY DOLLARS PER MONTH WHILE IN THE PROGRAM, UNLESS, AFTER DETERMINING THE INABILITY OF THE PRISONER TO PAY THE COST, THE COURT ASSESSES A LESSER AMOUNT.  THE COUNTY SHALL USE THE COLLECTED MONIES TO OFFSET OPERATIONAL COSTS OF THE PROGRAM. M.  N.  If a county sheriff establishes a home detention OR CONTINUOUS ALCOHOL MONITORING program under subsection L OR M of this section, a prisoner must meet the following eligibility requirements for the program: 1.  Subsection B of this section applies in determining eligibility for the program. 2.  If the prisoner is sentenced under section 28‑1381, subsection I, the prisoner first serves a minimum of twenty-four consecutive hours ONE DAY in jail. 3.  Notwithstanding section 28‑1387, subsection C, if the prisoner is sentenced under section 28‑1381, subsection K or section 28‑1382, subsection D or E, the prisoner first serves a minimum of fifteen consecutive days TWENTY PER CENT OF THE INITIAL TERM OF INCARCERATION in jail before being placed under home detention OR CONTINUOUS ALCOHOL MONITORING. 4.  IF PLACED UNDER HOME DETENTION, the prisoner is required to comply with all of the following requirements for the duration of the prisoner's participation in the home detention program: (a)  All of the provisions of subsections C through H of this section. (b)  Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests. (c)  Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department. (d)  Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program. (e)  All other provisions of the sentence imposed. 5.  Any additional eligibility criteria that the county may impose. N.  O.  If a county sheriff establishes a home detention program under subsection L of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered.  The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises.  Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M  N, paragraph 2 of this section. O.  P.  The court shall terminate a prisoner's participation in the home detention OR CONTINUOUS ALCOHOL MONITORING program and shall require the prisoner to complete the remaining term of the jail sentence by jail confinement if either: 1.  The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection M  N, paragraph 4, subdivision (c) of this section or section 28‑1381, subsection J or L. 2.  IF PLACED UNDER HOME DETENTION, the prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority. P.  Q.  At any other time the court may terminate a prisoner's participation in the home detention OR CONTINUOUS ALCOHOL MONITORING program and require the prisoner to complete the remaining term of the jail sentence by jail confinement. Q.  R.  The sheriff may terminate the A program ESTABLISHED PURSUANT TO THIS SECTION at any time. R.  A person who is sentenced pursuant to section 28‑1383 shall not be placed under home detention in a prisoner work, community restitution work and home detention program. Sec. 6.  Section 22-131, Arizona Revised Statutes, is amended to read: 22-131.  Constables; powers and duties A.  Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties execute, serve and return all processes, WARRANTS and notices directed or delivered to them by a justice of the peace of the county or by competent authority.  In addition to any other provision of law these duties may be enforced by the presiding judge of the superior court in the county, including the use of the power of contempt. B.  Constables shall attend the training prescribed in section 22‑137. C.  Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies who are certified pursuant to section 41‑1822, subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs of their offices.  The appointments shall be in writing and filed in the office of the county recorder. D.  The provisions of law relating to sheriffs, as far as applicable, shall govern the powers, duties and liabilities of constables. E.  A constable who is duly elected or who is appointed by the board of supervisors has the authority of a peace officer only in the performance of the constable's official duties. F.  A constable may execute, serve and return processes and notices as prescribed in subsection A of this section within any precinct in another county if that precinct adjoins the precinct in which the constable was elected or appointed. Sec. 7.  Section 28-1304, Arizona Revised Statutes, is amended to read: 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 AND SECTION 28-1465. 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. Sec. 8.  Section 28-1321, Arizona Revised Statutes, is amended to read: 28-1321.  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 34 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 34 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 OR IF THE RESULTS SHOW THERE IS ANY DRUG DEFINED IN SECTION 13-3401 OR ITS METABOLITE IN THE PERSON'S BODY AND THE PERSON DOES NOT POSSESS A VALID PRESCRIPTION FOR THE DRUG, 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 34 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. E.  The certified report is subject to the penalty for perjury as prescribed by section 28‑1561 and shall state all of the following: 1.  The officer's reasonable grounds to believe that the arrested person was driving or in actual physical control of a motor vehicle in this state either: (a)  While under the influence of intoxicating liquor or drugs. (b)  If the person is under twenty‑one years of age, with spirituous liquor in the person's body. 2.  The manner in which the person refused to submit to the test or tests. 3.  That the person was advised of the consequences of refusal. F.  On receipt of the certified report of refusal and a copy of the order of suspension and on the effective date stated on the order, the department shall enter the order of suspension on its records unless a written OR ONLINE request for a hearing as provided in this section has been filed by the accused person.  If the department receives only the certified report of refusal, the department shall notify the person named in the report in writing sent by mail that: 1.  Fifteen days after the date of issuance of the notice the department will suspend the person's license or permit, driving privilege or nonresident driving privilege. 2.  The department will provide an opportunity for a hearing if the person requests a hearing in writing OR ONLINE and the request is received by the department within fifteen days after the notice is sent. G.  The order of suspension issued by a law enforcement officer or the department under this section shall notify the person that: 1.  The person may submit a written OR ONLINE request for a hearing. 2.  The request for a hearing must be received by the department within fifteen days after the date of the notice or the order of suspension will become final. 3.  The affected person's license or permit to drive or right to apply for a license or permit or any nonresident operating privilege will be suspended for twelve months from that date or for two years from that date for a second or subsequent refusal within a period of eighty‑four months. 4.  The person'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 person completes alcohol or other drug screening. H.  The order for suspension shall: 1.  Be accompanied by printed forms that are ready to mail to the department, and that may be filled out and signed by the person to indicate the person's desire for a hearing AND THAT ADVISE THE PERSON THAT THE PERSON MAY ALTERNATIVELY SUBMIT AN ONLINE REQUEST FOR A HEARING. 2.  Advise the person that unless the person has surrendered any driver license or permit issued by this state the person's hearing request will not be accepted, except that the person may certify pursuant to section 28‑3170 that the license or permit is lost or destroyed. I.  On the receipt of a request for a hearing, the department shall set the hearing within thirty days in the county in which the person named in the report resides unless the law enforcement agency filing the certified report of refusal pursuant to subsection D of this section requests at the time of its filing that the hearing be held in the county where the refusal occurred. J.  A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered license or permit to the person but may issue temporary permits to drive that expire no later than when the department has made its final decision.  If the person is a resident without a license or permit or has an expired license or permit, the department may allow the person to apply for a restricted license or permit.  If the department determines the person is otherwise entitled to the license or permit, the department shall issue and retain a restricted license or permit subject to this section. K.  Hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section 28‑3306.  For the purposes of this section, the scope of the hearing shall include only the issues of whether: 1.  A law enforcement officer had reasonable grounds to believe that the person was driving or was in actual physical control of a motor vehicle in this state either: (a)  While under the influence of intoxicating liquor or drugs. (b)  If the person is under twenty‑one years of age, with spirituous liquor in the person's body. 2.  The person was placed under arrest. 3.  The person refused to submit to the test. 4.  The person was informed of the consequences of refusal. L.  If the department determines at the hearing to suspend the affected person's privilege to operate a motor vehicle, the suspension provided in this section is effective fifteen days after giving written notice of the suspension, except that the department may issue or extend a temporary license that expires on the effective date of the suspension.  If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny to the person the issuance of a license or permit for a period of twelve months after the order of suspension becomes effective or for a period of two years after the order of suspension becomes effective for a second or subsequent refusal within a period of eighty-four months, and may reinstate the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the person completes alcohol or other drug screening. M.  If the suspension order is sustained after the hearing, a motion for rehearing is not required.  Within thirty days after a suspension order is sustained, the affected person may file a petition in the superior court to review the final order of suspension or denial by the department in the same manner provided in section 28‑3317.  The court shall hear the review of the final order of suspension or denial on an expedited basis. N.  If the suspension or determination that there should be a denial of issuance is not sustained, the ruling is not admissible in and has no effect on any administrative, civil or criminal court proceeding. O.  If it has been determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, the department shall give information either in writing or by electronic means of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license. P.  After completing not less than ninety consecutive days of the period of suspension required by this section and any alcohol or other drug screening that is ordered by the department pursuant to this chapter, a person whose driving privilege is suspended pursuant to this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28-1401.  Unless the certified ignition interlock period is extended by the department pursuant to section 28-1461, a person who is issued a special ignition interlock restricted driver license as provided in this subsection shall maintain a functioning certified ignition interlock device in compliance with this chapter during the remaining period of the suspension prescribed by this section.  This subsection does not apply to a person whose driving privilege is suspended for a second or subsequent refusal within a period of eighty‑four months or a person who within a period of eighty-four months has been convicted of a second or subsequent violation of article 3 of this chapter or section 4-244, paragraph 34 or an act in another jurisdiction that if committed in this state would be a violation of article 3 of this chapter or section 4-244, paragraph 34. Sec. 9.  Section 28-1381, Arizona Revised Statutes, is amended to read: 28-1381.  Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification A.  It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances: 1.  While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. 2.  If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. 3.  While there is any drug defined in section 13‑3401 or its metabolite in the person's body. 4.  If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28‑3001 and the person has an alcohol concentration of 0.04 or more. B.  It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state. C.  A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor. D.  A person using a drug,  as prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section. E.  In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28‑1382 or section 28‑1383 occurring within the past thirty‑six months, unless there is an insufficient legal or factual basis to do so. F.  At the arraignment, the court shall inform the defendant that IF THE STATE ALLEGES A PRIOR CONVICTION the defendant may request a trial by jury and that the request, if made, shall be granted. G.  In a trial, action or proceeding for a violation of this section or section 28‑1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions: 1.  If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor. 2.  If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. 3.  If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor. H.  Subsection G of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor. I.  A person who is convicted of a violation of this section: 1.  Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served. 2.  Shall pay a fine of not less than two hundred fifty dollars. 3.  May be ordered by a court to perform community restitution. 4.  Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. 5.  Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. 6.  Shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319.  In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.  The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter. J.  Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all buttwenty‑four consecutive hours ONE DAY of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served. K.  If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28‑1382 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28‑1382 or 28‑1383, the person: 1.  Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served. 2.  Shall pay a fine of not less than five hundred dollars. 3.  Shall be ordered by a court to perform at least thirty hours of community restitution. 4.  Shall have the person's driving privilege revoked for one year.  The court shall report the conviction to the department.  On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319.  In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.  The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter. 5.  Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. 6.  Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. L.  Notwithstanding subsection K, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served. M.  In applying the eighty-four month provision of subsection K of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed. N.  A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. O.  AFTER COMPLETING FORTY-FIVE DAYS OF THE REVOCATION PERIOD PRESCRIBED BY SUBSECTION K OF THIS SECTION, A PERSON WHOSE DRIVING PRIVILEGE IS REVOKED FOR A VIOLATION OF THIS SECTION AND WHO IS SENTENCED PURSUANT TO SUBSECTION K OF THIS SECTION IS ELIGIBLE FOR A SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE PURSUANT TO SECTION 28-1401. Sec. 10.  Section 28-1382, Arizona Revised Statutes, is amended to read: 28-1382.  Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification A.  It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 1.  0.15 or more but less than 0.20. 2.  0.20 or more. B.  A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor. C.  At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted. D.  A person who is convicted of a violation of this section: 1.  Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served if the person is convicted of a violation of subsection A, paragraph 1 of this section.  A person who is convicted of a violation of subsection A, paragraph 2 of this section shall be sentenced to serve not less than forty‑five consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served. 2.  Shall pay a fine of not less than two hundred fifty dollars, except that a person who is convicted of a violation of subsection A, paragraph 2 of this section shall pay a fine of not less than five hundred dollars.  The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection. 3.  Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304. 4.  May be ordered by a court to perform community restitution. 5.  Shall be required by the department, on receipt of the report of conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319.  In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.  The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter. 6.  Shall pay an additional assessment of one thousand dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. 7.  Shall pay an additional assessment of one thousand dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. E.  If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28‑1381 or 28‑1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28‑1381 or 28‑1383, the person: 1.  Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served if the person is convicted of a violation of subsection A, paragraph 1 of this section.  A person who is convicted of a violation of subsection A, paragraph 2 of this section shall be sentenced to serve not less than one hundred eighty days in jail, ninety of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served. 2.  Shall pay a fine of not less than five hundred dollars, except that a person who is convicted of a violation of subsection A, paragraph 2 of this section shall pay a fine of not less than one thousand dollars.  The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection. 3.  Shall pay an additional assessment of two hundred fifty dollars.  If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304. 4.  Shall be ordered by a court to perform at least thirty hours of community restitution. 5.  Shall have the person's driving privilege revoked for at least one year.  The court shall report the conviction to the department.  On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319.  In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever is later.  The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter. 6.  Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. 7.  Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. F.  In applying the eighty-four month provision of subsection E of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed. G.  A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. H.  AFTER COMPLETING FORTY-FIVE DAYS OF THE REVOCATION PERIOD PRESCRIBED BY SUBSECTION E OF THIS SECTION, A PERSON WHOSE DRIVING PRIVILEGE IS REVOKED FOR A VIOLATION OF THIS SECTION AND WHO IS SENTENCED PURSUANT TO SUBSECTION E OF THIS SECTION IS ELIGIBLE FOR A SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE PURSUANT TO SECTION 28-1401. I.  NOTWITHSTANDING SUBSECTION D, PARAGRAPH 1 OF THIS SECTION, AT THE TIME OF SENTENCING IF THE PERSON IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 1 OF THIS SECTION, THE JUDGE MAY SUSPEND ALL BUT NINE DAYS OF THE SENTENCE IF THE PERSON EQUIPS ANY MOTOR VEHICLE THE PERSON OPERATES WITH A CERTIFIED IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWELVE MONTHS.  IF THE PERSON IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION, THE JUDGE MAY SUSPEND ALL BUT FOURTEEN DAYS OF THE SENTENCE IF THE PERSON EQUIPS ANY MOTOR VEHICLE THE PERSON OPERATES WITH A CERTIFIED IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWELVE MONTHS.  IF THE PERSON FAILS TO COMPLY WITH ARTICLE 5 OF THIS CHAPTER AND HAS NOT BEEN PLACED ON PROBATION, THE COURT SHALL ISSUE AN ORDER TO SHOW CAUSE AS TO WHY THE REMAINING JAIL SENTENCE SHOULD NOT BE SERVED. H.  J.  A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor. Sec. 11.  Section 28-1383, Arizona Revised Statutes, is amended to read: 28-1383.  Aggravated driving or actual physical control while under the influence; violation; classification; definition A.  A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following: 1.  Commits a violation of section 28‑1381, section 28‑1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28‑1381 or 28‑1382 or under section 28‑1385. 2.  Within a period of eighty-four months commits a third or subsequent violation of section 28‑1381, section 28‑1382 or this section or is convicted of a violation of section 28‑1381, section 28‑1382 or this section and has previously been convicted of any combination of convictions of section 28‑1381, section 28‑1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section. 3.  While a person under fifteen years of age is in the vehicle, commits a violation of either: (a)  Section 28‑1381. (b)  Section 28‑1382. 4.  While the person is ordered by the court or required pursuant to section 28‑3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following: (a)  While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28‑1321, subsection A. (b)  commits a violation of section 28‑1381, section 28‑1382 or this section. B.  The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed.  For the purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.  The time that a probationer is found to be on absconder status or the time that a person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty-four month period provided in subsection A, paragraph 2 and subsection E of this section. C.  The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section 28‑3318 or pursuant to the laws of the state issuing the license. D.  A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is convicted under either of the following: 1.  Subsection A, paragraph 1 of this section. 2.  Subsection A, paragraph 2 of this section and within an eighty-four month period has been convicted of two prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section. E.  A person who is convicted under subsection A, paragraph 2 of this section and who within an eighty-four month period has been convicted of three or more prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison. F.  A person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall serve at least the minimum term of incarceration required pursuant to section 28‑1381. G.  A person who is convicted under subsection A, paragraph 3, subdivision (b) of this section shall serve at least the minimum term of incarceration required pursuant to section 28‑1382. H.  A person who is convicted of a violation of this section shall attend and complete alcohol or other drug screening, education or treatment from an approved facility.  If the person fails to comply with this subsection and is placed on probation, in addition to the provisions of section 13‑901 the court may order that the person be incarcerated as a term of probation as follows: 1.  For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year. 2.  For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years. I.  The time that a person spends in custody pursuant to subsection H of this section shall not be counted towards the sentence imposed if the person's probation is revoked and the person is sentenced to prison after revocation of probation. J.  On a conviction for a violation of this section, the court: 1.  Shall report the conviction to the department.  On receipt of the report, the department shall revoke the driving privilege of the person.  The department shall not issue the person a new driver license within three years ONE YEAR of the date of the conviction and, for a conviction of a violation of subsection A, paragraph 1, 2 or 4 or paragraph 3, subdivision (b) of this section,shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319.  In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve TWENTY‑FOUR months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later.  The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter. 2.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of two hundred fifty dollars.  If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304.  Any fine imposed for a violation of this section and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in this paragraph. 3.  Shall order the person to pay a fine of not less than seven hundred fifty dollars. 4.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. 5.  In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer. K.  After completing the period of suspension required by section 28‑1385, a person whose driving privilege is revoked for a violation of subsection A, paragraph 3 of this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28‑1401. L.  Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under: 1.  Subsection A, paragraph 1, or 2 or paragraph 4, subdivision (b) of this section is a class 4 felony. 2.  Subsection A, paragraph 3 or paragraph 4, subdivision (a) of this section is a class 6 felony. M.  For the purposes of this section, "suspension, cancellation, revocation or refusal" means any suspension, cancellation, revocation or refusal. Sec. 12.  Section 28-1385, Arizona Revised Statutes, is amended to read: 28-1385.  Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing; summary review; ignition interlock device requirement A.  A law enforcement officer shall forward to the department a certified report as prescribed in subsection B of this section, subject to the penalty for perjury prescribed by section 28‑1561, if both of the following occur: 1.  The officer arrests a person for a violation of section 4‑244, paragraph 34, section 28‑1381, section 28‑1382 or section 28‑1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle. 2.  The person submits to a blood or breath alcohol test permitted by section 28‑1321 or any other law or a sample of blood is obtained pursuant to section 28‑1388 and the results are either not available or the results indicate either ANY of the following: (a)  0.08 or more alcohol concentration in the person's blood or breath. (b)  0.04 or more alcohol concentration in the person's blood or breath if the person was driving or in actual physical control of a commercial motor vehicle. (c)  ANY DRUG DEFINED IN SECTION 13-3401 OR ITS METABOLITE IS IN THE PERSON'S BODY EXCEPT IF THE PERSON POSSESSES A VALID PRESCRIPTION FOR THE DRUG. B.  The officer shall make the certified report required by subsection A of this section on forms supplied or approved by the department.  The report shall state information that is relevant to the enforcement action, including: 1.  Information that adequately identifies the arrested person. 2.  A statement of the officer's grounds for belief that the person was driving or in actual physical control of a motor vehicle in violation of section 4‑244, paragraph 34, section 28‑1381, section 28‑1382 or section 28‑1383 or committed a violation of title 13, chapter 11 or section 13‑1201 or 13-1204 involving a motor vehicle. 3.  A statement that the person was arrested for a violation of section 4‑244, paragraph 34, section 28‑1381, section 28‑1382 or section 28‑1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle. 4.  A report of the results of the blood or breath alcohol test that was administered, if the results are available. C.  The officer shall also serve an order of suspension on the person on behalf of the department.  The order of suspension: 1.  Is effective fifteen days after the date it is served. 2.  Shall 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. 3.  Shall contain information concerning the right to a summary review and hearing, including information concerning the hearing as required by section 28‑1321, subsections G and H. 4.  Shall be accompanied by printed forms THAT ARE ready to mail to the department that the person may fill out and sign to indicate the person's desire for a hearing AND THAT ADVISE THE PERSON THAT THE PERSON MAY ALTERNATIVELY SUBMIT AN ONLINE REQUEST FOR A HEARING. 5.  Shall be entered on the department's records on receipt of the report by the officer and a copy of the order of suspension. 6.  Shall inform the person that the person'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 person completes alcohol or other drug screening. 7.  Shall contain information on alcohol or other drug education and treatment programs that are provided by a facility approved by the department of health services. D.  If the blood alcohol concentration test result is unavailable at the time the test is administered, the result shall be forwarded to the department before the hearing held pursuant to this section in a form prescribed by the director. E.  If the license or permit is not surrendered pursuant to subsection C of this section, the officer shall state the reason for the nonsurrender.  If a valid license or permit is surrendered, the officer shall issue a temporary driving permit that is valid for fifteen days.  The officer shall forward a copy of the completed order 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 order of suspension along with the report. F.  The department shall suspend the affected person's license or permit to drive or right to apply for a license or permit or any nonresident operating privilege for not less than ninety consecutive days from that date. If the person is otherwise qualified, the department may reinstate the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening. G.  Notwithstanding subsections A through F of this section, the department shall suspend the driving privileges of the person described in subsection A of this section for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between the person's place of employment and residence and during specified periods of time while at employment, to travel between the person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule, to travel between the person's place of residence and the office of the person's probation officer for scheduled appointments or to travel between the person's place of residence and a screening, education or treatment facility for scheduled appointments if the person: 1.  Did not cause death or serious physical injury as defined in section 13‑105 to another person during the course of conduct out of which the current action arose. 2.  Has not been convicted of a violation of section 4‑244, paragraph 34, section 28‑1381, section 28‑1382 or section 28‑1383 within eighty-four months of the date of commission of the acts out of which the current action arose.  The dates of commission of the acts are the determining factor in applying the eighty-four month provision. 3.  Has not had the person's privilege to drive suspended pursuant to this section or section 28‑1321 within eighty-four months of the date of commission of the acts out of which the current action arose. 4.  Provides satisfactory evidence to the department of the person's completion of alcohol or other drug screening that is ordered by the department.  If the person does not complete alcohol or other drug screening, the department may impose a ninety day suspension pursuant to this section. H.  If the officer does not serve an order of suspension pursuant to subsection C of this section and if the department does not receive the report of the results of the blood or breath alcohol test pursuant to subsection B, paragraph 4 of this section, but subsequently receives the results and the results indicate 0.08 or more alcohol concentration in the person's blood or breath, or a blood or breath alcohol concentration of 0.04 or more and the person was driving or in actual physical control of a commercial motor vehicle OR ANY DRUG DEFINED IN SECTION 13-3401 OR ITS METABOLITE IN THE PERSON'S BODY AND THE PERSON DOES NOT POSSESS A VALID PRESCRIPTION FOR THE DRUG, the department shall notify the person named in the report in writing sent by mail that fifteen days after the date of issuance of the notice the department will suspend the person's license or permit, driving privilege or nonresident driving privilege.  The notice shall also state that the department will provide an opportunity for a hearing and administrative review if the person requests a hearing or review in writing and the request is received by the department within fifteen days after the notice is sent. I.  A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered license or permit to the person but may issue temporary permits to drive that expire no later than when the department has made its final decision.  If the person is a resident without a license or permit or has an expired license or permit, the department may allow the person to apply for a restricted license or permit.  If the department determines the person is otherwise entitled to the restricted license or permit, the department shall issue, but retain, the license or permit, subject to this section.  All hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section 28‑3306. J.  For the purposes of this section, the scope of the hearing shall include only the following issues: 1.  Whether the officer had reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor. 2.  Whether the person was placed under arrest for a violation of section 4‑244, paragraph 34, section 28‑1381, section 28‑1382 or section 28‑1383 or for a violation of title 13, chapter 11 or section 13‑1201 or 13‑1204 involving a motor vehicle. 3.  Whether a test was taken, the results of which indicated ANY OF the FOLLOWING: (a)  AN alcohol concentration in the person's blood or breath at the time the test was administered of either: (a)  (i)  0.08 or more. (b)  (ii)  0.04 or more if the person was driving or in actual physical control of a commercial motor vehicle. (b)  ANY DRUG DEFINED IN SECTION 13-3401 OR ITS METABOLITE IN THE PERSON'S BODY EXCEPT IF THE PERSON POSSESSES A VALID PRESCRIPTION FOR THE DRUG. 4.  Whether the testing method used was valid and reliable. 5.  Whether the test results were accurately evaluated. K.  The results of the blood or breath alcohol test shall be admitted on establishing the requirements in section 28‑1323 or 28‑1326. L.  If the department determines at the hearing to suspend the affected person's privilege to operate a motor vehicle, the suspension provided in this section is effective fifteen days after giving written notice of the suspension, except that the department may issue or extend a temporary license that expires on the effective date of the suspension.  If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny the issuance of a license or permit to the person for not less than ninety consecutive days.  The department may reinstate the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening. M.  A person may apply for a summary review of an order issued pursuant to this section instead of a hearing at any time before the effective date of the order.  The person shall submit the application in writing to any department driver license examining office together with any written explanation as to why the department should not suspend the driving privilege.  The agent of the department receiving the notice shall issue to the person an additional driving permit that expires twenty days from the date the request is received.  The department shall review all reports submitted by the officer and any written explanation submitted by the person and shall determine if the order of suspension should be sustained or cancelled.  The department shall not hold a hearing, and the review is not subject to title 41, chapter 6.  The department shall notify the person of its decision before the temporary driving permit expires. N.  If the suspension or determination that there should be a denial of issuance is not sustained after a hearing or review, the ruling is not admissible in and does not have any effect on any civil or criminal court proceeding. O.  If it has been determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, the department shall give information either in writing or by electronic means of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license. Sec. 13.  Section 28-1401, Arizona Revised Statutes, is amended to read: 28-1401.  Special ignition interlock restricted driver licenses; application fee A.  A person whose class D or class G license has been SUSPENDED PURSUANT TO SECTION 28-1385 OR suspended or revoked for a first offense of REFUSAL PURSUANT TO section 28‑1321, A SECOND VIOLATION OF SECTION 28-1381 OR 28-1382 or A FIRST VIOLATION OF section 28‑1383, subsection A, paragraph 3,  may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to either ANY of the following: 1.  Section 28-1321, if the person meets the criteria of section 28‑1321, subsection P. 2.  SECTION 28-1381, IF THE PERSON MEETS THE CRITERIA OF SECTION 28‑1381, SUBSECTION O AND THE PERSON PRESENTS EVIDENCE THAT IS SATISFACTORY TO THE DIRECTOR AND THAT SHOWS THAT THE PERSON HAS COMPLETED THE REQUIREMENTS PRESCRIBED IN SECTION 28-1387, SUBSECTION B. 3.  SECTION 28-1382, IF THE PERSON MEETS THE CRITERIA OF SECTION 28‑1382, SUBSECTION H AND THE PERSON PRESENTS EVIDENCE THAT IS SATISFACTORY TO THE DIRECTOR AND THAT SHOWS THAT THE PERSON HAS COMPLETED THE REQUIREMENTS PRESCRIBED IN SECTION 28-1387, SUBSECTION B. 2.  4.  Section 28-1383, if the person meets the criteria of section 28‑1383, subsection K and the person presents evidence that is satisfactory to the director AND that shows that the person has completed screening and treatment THE REQUIREMENTS PRESCRIBED IN SECTION 28-1387, SUBSECTION B. 5.  SECTION 28-1385, IF THE PERSON MEETS THE CRITERIA OF SECTION 28‑1385, SUBSECTION G. B.  An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director. C.  The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28‑3320 and 28‑3322 subject to the restrictions prescribed in section 28‑1402 and the certified ignition interlock requirements prescribed in article 5 of this chapter. D.  If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records. E.  The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28‑3319. F.  THE DEPARTMENT SHALL MAKE A NOTATION ON A SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE THAT IS ISSUED TO A PERSON WHO IS PLACED IN A CONTINUOUS ALCOHOL MONITORING PROGRAM PURSUANT TO SECTION 28-3319, SUBSECTION I. Sec. 14.  Section 28-1402, Arizona Revised Statutes, is amended to read: 28-1402.  Issuance of special ignition interlock restricted driver license; restrictions A.  On application pursuant to section 28‑1401, subsection A the department may, and pursuant to section 28‑1401, subsection C the department shall, issue a special ignition interlock restricted driver license that only allows a person whose class D or class G license has been SUSPENDED PURSUANT TO SECTION 28-1385 OR suspended or revoked for a first offense ofREFUSAL PURSUANT TO section 28‑1321, A SECOND VIOLATION OF SECTION 28-1381 OR 28-1382 or A FIRST VIOLATION OF section 28‑1383, subsection A, paragraph 3 to operate a motor vehicle that is equipped with a functioning certified ignition interlock device and only as follows: 1.  Between the person's place of employment and residence during specified periods of time while at employment. 2.  Between the person's place of residence, the person's place of employment and the person's secondary or postsecondary school according to the person's employment or educational schedule. 3.  Between the person's place of residence and a screening, education or treatment facility for scheduled appointments. 4.  Between the person's place of residence and the office of the person's probation officer for scheduled appointments. 5.  Between the person's place of residence and the office of a physician or other health care professional. 6.  Between the person's place of residence and a certified ignition interlock device service facility. B.  The department may only issue a special ignition interlock restricted driver license to an applicant who is otherwise qualified by law. C.  Except as provided in section 28‑1463, if the department suspends, revokes, cancels or otherwise rescinds a person's special ignition interlock restricted license or privilege for any reason, the department shall not issue a new license or reinstate the special ignition interlock restricted driver license during the prescribed period of suspension or revocation or while the person is otherwise ineligible to receive a license. Sec. 15.  Section 28-1461, Arizona Revised Statutes, is amended to read: 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 FOR SIX MONTHS 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 TWO 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. 5.  THE PERSON ATTEMPTS TO OPERATE THE VEHICLE WITH AN ALCOHOL CONCENTRATION OF 0.08 OR MORE DURING A SIX MONTH EXTENSION PURSUANT TO THIS SUBSECTION. 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. Sec. 16.  Section 28-1464, Arizona Revised Statutes, is amended to read: 28‑1464.  Ignition interlock devices; violations; classification; definition A.  A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 and who is required to operate a motor vehicle owned by the person's employer in the course and scope of the person's employment may operate that motor vehicle without the installation of a certified ignition interlock device if the person notifies the person's employer that the person, in conjunction with the person's sentence or if the person has been issued a special ignition interlock restricted driver license pursuant to section 28‑1402, has specific requirements in order to operate a motor vehicle and the nature of the requirements and the person has proof of the employer's notification in the person's possession while operating the employer's motor vehicle for normal business.  For the purposes of this subsection, a motor vehicle that is partly or entirely owned or controlled by the person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402 is not a motor vehicle that is owned by an employer. B.  Except in cases of a substantial emergency, a person shall not knowingly rent, lease or lend a motor vehicle to a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402 unless the motor vehicle is equipped with a functioning certified ignition interlock device. C.  A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 and who rents, leases or borrows a motor vehicle from another person shall notify the person who rents, leases or lends the motor vehicle to the person that the person has specific requirements for the operation of the motor vehicle and the nature of the requirements. D.  During any period when a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402 is required to operate only a motor vehicle that is equipped with a certified ignition interlock device, the person shall not request or permit any other person to breathe into the ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person with an operable motor vehicle. E.  A person shall not breathe into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402. F.  A person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 shall not tamper with or circumvent the operation of an ignition interlock device. G.  A person who is not a manufacturer's authorized installer or an agent of a manufacturer's authorized installer and who is not a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 shall not tamper with or circumvent the operation of an ignition interlock device. H.  Except as provided in subsection A of this section or in cases of substantial emergency, a person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28-1402 shall not operate a motor vehicle without a functioning certified ignition interlock device during the applicable time period. I.  If the ignition interlock device is removed from a vehicle by an installer, the installer shall electronically notify the department in a form prescribed by the department that the ignition interlock device has been removed from the vehicle. J.  If the person does not provide evidence to the department within seventy-two hours that the person has installed a functioning certified ignition interlock device in each vehicle operated by the person and has provided proof of installation to the department, the department shall suspend the special ignition interlock restricted driver license or privilege as prescribed in section 28‑1463. K.  A PERSON WHO IS ORDERED BY THE COURT OR REQUIRED BY THE DEPARTMENT PURSUANT TO SECTION 28-3319 T0 EQUIP ANY MOTOR VEHICLE THE PERSON OPERATES WITH A CERTIFIED IGNITION INTERLOCK DEVICE SHALL WHILE UNDER ARREST SUBMIT TO ANY TEST CHOSEN BY A LAW ENFORCEMENT OFFICER PURSUANT TO SECTION 28-1321, SUBSECTION A. L.  A PERSON SHALL COMPLY WITH THE REQUIREMENTS OF A CONTINUOUS ALCOHOL MONITORING PROGRAM ORDERED PURSUANT TO SECTION 28‑3319, SUBSECTION I. K.  M.  A person who violates this section is guilty of a class 1 misdemeanor.  Additionally, if a person is convicted of violating subsection A, C, D, F or H of this section, the department shall extend the duration of the certified ignition interlock device requirement for not more than one year. L.  N.  For the purposes of this section, "substantial emergency" means that a person other than the person whose driving privilege is limited pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28‑3319 or restricted pursuant to section 28‑1402 is not reasonably available to drive in response to an emergency. Sec. 17.  Section 28-1465, Arizona Revised Statutes, is amended to read: 28-1465.  Rule making; manufacturers and installers; civil penalty The director shall adopt rules pursuant to title 41, chapter 6 as the director deems necessary for the administration and enforcement of this article and certification and decertification of ignition interlock device manufacturers and installers, INCLUDING A RULE THAT PERMITS THE DIRECTOR TO IMPOSE A CIVIL PENALTY AGAINST AN IGNITION INTERLOCK MANUFACTURER OR INSTALLER WHO FAILS TO PROPERLY REPORT IGNITION INTERLOCK DATA TO THE DIRECTOR IN THE MANNER PRESCRIBED BY THE DIRECTOR.  ANY MONIES COLLECTED FROM CIVIL PENALTIES IMPOSED FOR A FAILURE TO REPORT IGNITION INTERLOCK DATA SHALL BE DEPOSITED IN THE DRIVING UNDER THE INFLUENCE ABATEMENT FUND ESTABLISHED BY SECTION 28-1304. Sec. 18.  Title 28, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 28-1525, to read: 28-1525.  Assessment; failure to pay fine IN ADDITION TO ANY FINE, FEE, PENALTY OR ASSESSMENT AUTHORIZED BY LAW, A PERSON WHO IS CONVICTED IN THE SUPERIOR COURT OR A JUSTICE COURT FOR A VIOLATION OF THIS TITLE SHALL PAY AN ASSESSMENT OF ONE HUNDRED TWENTY‑FIVE DOLLARS IF A WARRANT FOR FAILURE TO PAY A FINE, FEE, PENALTY OR ASSESSMENT IMPOSED AS A RESULT OF THE CONVICTION IS ISSUED FOR THE ARREST OF THE DEFENDANT.  THE COURT SHALL TRANSMIT THE ASSESSED MONIES TO THE COUNTY TREASURER FOR DEPOSIT IN THE COUNTY GENERAL FUND.  THE ASSESSMENT IS NOT SUBJECT TO ANY SURCHARGE. Sec. 19.  Section 28-2163, Arizona Revised Statutes, is amended to read: 28-2163.  Cancellation of registration; refusal to renew registration A.  The department shall cancel, suspend, revoke or deny the registration of a vehicle that it determines is unsafe or unfit to be operated or that is not equipped as required by law and shall retrieve license plates and registration cards for these vehicles. B.  The department shall cancel the registration of a vehicle if the person to whom the registration card or license plates have been issued makes or permits to be made an unlawful use of the vehicle or permits the use of the vehicle by a person not entitled to the use. C.  THE DEPARTMENT SHALL REFUSE TO RENEW THE REGISTRATION OF A VEHICLE OWNED BY A PERSON WHO HAS FAILED TO COMPLY WITH THE IGNITION INTERLOCK REQUIREMENTS UNDER CHAPTER 4, ARTICLES 3.1 AND 5 OF THIS TITLE. Sec. 20.  Section 28-3315, Arizona Revised Statutes, is amended to read: 28-3315. Period of suspension, revocation or disqualification; unlicensed drivers A.  The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28‑3318 if no conviction was involved, except as permitted under subsection E of this section and sections 28‑1383, 28‑3312, 28‑3319,  AND28‑3320 and 28‑3473. B.  A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for a new license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law.  After the department investigates an applicant's driving record in this state or another state by examining department records or other sufficient evidence to determine that all withdrawal actions are complete, that the applicant has not committed any traffic violations within twelve months preceding application and that all other statutory requirements are satisfied, the department may issue a new license. C.  The department shall not accept an application for reinstatement of a driver license until after the twelve month period prescribed in subsection B of this section has elapsed. D.  If the revocation is related to alcohol or other drugs, the person shall provide the department with a current evaluation from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.  For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005. E.  Notwithstanding subsections A and B of this section: 1.  A person whose license or privilege to drive is revoked pursuant to section 28‑1383, subsection J or section 28‑3304, subsection A, paragraph 1 or  12 is not entitled to have the person's license or privilege renewed or restored for three years. 2.  A person whose license or privilege to drive is revoked pursuant to section 13‑1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court. 3.  A person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection E is not entitled to have the person's license, permit or privilege renewed or restored for five years. 4.  A person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection F is not entitled to have the person's license, permit or privilege renewed or restored for three years. F.  Except as provided in section 28‑3473, If an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license.  If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it investigates the character, habits and driving ability of the person and is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways. G.  The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification. H.  A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28‑3306, subsection A, paragraph 5 or section 28‑3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met: 1.  The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways. 2.  If the person has a medical condition related to alcohol or other drugs, the person provides the department with a current evaluation form from a physician licensed pursuant to title 32, chapter 13, 17 or 29, a psychologist licensed pursuant to title 32, chapter 19.1 or a substance abuse counselor as defined in section 28‑3005 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner. Sec. 21.  Section 28-3319, Arizona Revised Statutes, is amended to read: 28-3319.  Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition A.  If, pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑3320 or 28‑3322, the license of a driver or the driving privilege of a nonresident is suspended or revoked, the department shall not terminate the suspension or revocation or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title. B.  If, pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383, 28‑3320 or 28‑3322, an unlicensed resident is denied a license or permit to operate a motor vehicle, the department shall not issue a license or permit until the person provides proof of financial responsibility pursuant to chapter 9, article 3 of this title. C.  If a person whose license or driving privilege is suspended or revoked pursuant to section 28‑1321, 28‑1381, 28‑1382, 28‑1383 or 28-1385 is ordered, pursuant to section 28‑1381, 28‑1382, 28‑1383 or 28-1385, to attend alcohol or other drug screening, education or treatment, the department shall not either: 1.  Terminate the suspension or issue a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title until the person provides proof from the treatment facility that the person has completed or is participating satisfactorily in alcohol or other drug screening, education or treatment. 2.  Issue a new license or a special ignition interlock restricted driver license, if applicable, pursuant to chapter 4, article 3.1 of this title to operate a motor vehicle after the revocation until the person provides proof from the facility that the person has completed the court ordered program. D.  EXCEPT AS PROVIDED IN SUBSECTION G OF THIS SECTION, on receipt of a report of conviction from a court, the department shall require any motor vehicle the convicted person operates to be equipped with a functioning certified ignition interlock device and the convicted person to meet the requirements prescribed in section 28‑1461 as follows: 1.  For twelve months if: (a)  EXCEPT AS PROVIDED IN SUBSECTION H OF THIS SECTION, the person is convicted of a violation of section 28-1381, or section 28-1382, subsection A, paragraph 1 OR SECTION 28‑1383, SUBSECTION A, PARAGRAPH 3, SUBDIVISION (a). (b)  The department determines that within a period of eighty‑four months the person is convicted of a second or subsequent violation of section 28‑1381 or section 28-1382, subsection A, paragraph 1 with a prior conviction of a violation of section 28‑1381, 28‑1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28-1383. 2.  For eighteen months if the person is convicted of a violation of section 28-1382, subsection A, paragraph 2. 3.  For twenty-four months if: (a)  The person is convicted of a violation of section 28-1382, subsection A, paragraph 2 and the department determines that within a period of eighty-four months the person has a prior conviction of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383. (b)  The person is convicted of a violation of section 28-1383, SUBSECTION A, PARAGRAPH 1, 2 OR 4 OR PARAGRAPH 3, SUBDIVISION (b). E.  The requirement prescribed in subsection D of this section begins on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. F.  A person who is required to equip a motor vehicle with a certified ignition interlock device pursuant to this section shall comply with chapter 4, article 5 of this title. G.  THE DEPARTMENT SHALL REMOVE THE REQUIREMENT THAT THE PERSON MAINTAIN A FUNCTIONING CERTIFIED IGNITION INTERLOCK DEVICE IF THE PERSON IS ONLY CONVICTED OF A VIOLATION OF SECTION 28-1381, SUBSECTION A, PARAGRAPH 3 AND COMPLETES ALCOHOL OR OTHER DRUG SCREENING REQUIRED PURSUANT TO SECTION 28-1387 AND THE COURT DETERMINES THAT NO ALCOHOL EDUCATION OR TREATMENT IS REQUIRED. H.  THE DEPARTMENT SHALL DEFER THE REMAINDER OF THE TIME PERIOD PRESCRIBED IN SUBSECTION D, PARAGRAPH 1, SUBDIVISION (a) OF THIS SECTION COMMENCING WITH THE LATER OF SIX MONTHS FROM THE DATE THE INTERLOCK WAS INSTALLED OR THE COMPLETION OF THE REQUIREMENTS OF THIS SUBSECTION IF ALL OF THE FOLLOWING APPLY: 1.  THE PERSON IS SENTENCED PURSUANT TO SECTION 28-1381, SUBSECTION I. 2.  THE PERSON SUCCESSFULLY COMPLETES AN ALCOHOL EDUCATION PROGRAM CONSISTING OF AT LEAST SIXTEEN HOURS PURSUANT TO SECTION 28‑1381. 3.  THE PERSON HAS MAINTAINED A FUNCTIONING IGNITION INTERLOCK DEVICE ON ALL MOTOR VEHICLES THE PERSON OPERATES AND HAS MET THE REQUIREMENTS OF SECTION 28-1461. 4.  THE PERSON HAS NOT ATTEMPTED TO OPERATE A VEHICLE WITH AN ALCOHOL CONCENTRATION OF 0.08 OR MORE TWO OR MORE TIMES DURING THE PERIOD OF LICENSE RESTRICTION OR LIMITATION. 5.  AT THE TIME OF THE OFFENSE, THE PERSON WAS NOT INVOLVED IN A MOTOR VEHICLE ACCIDENT THAT RESULTED IN PHYSICAL INJURY OR PROPERTY DAMAGE. 6.  ALL NECESSARY COMPLIANCE INFORMATION HAS BEEN PROVIDED TO THE DEPARTMENT BY THE IGNITION INTERLOCK DEVICE PROVIDER, THE ALCOHOL SCREENING PROGRAM AND THE ALCOHOL EDUCATION PROGRAM. I.  THE DEFERMENT PURSUANT TO SUBSECTION H OF THIS SECTION IS PERMANENT, UNLESS THE PERSON IS ARRESTED FOR A VIOLATION OF SECTION 28-1381, 28‑1382 OR 28-1383 THAT OCCURS DURING THE PERIOD OF THE DEFERMENT.  IF THE PERSON IS ARRESTED AS DESCRIBED IN THIS SUBSECTION, THE DEPARTMENT SHALL REVOKE THE DEFERMENT AND REQUIRE THE PERSON TO COMPLETE THE REMAINDER OF THE TIME PERIOD PRESCRIBED IN SUBSECTION D, PARAGRAPH 1, SUBDIVISION (a) OF THIS SECTION. J.  ON A SHOWING OF SUFFICIENT MEDICAL EVIDENCE OR AN EMPLOYMENT REQUIREMENT, THE DEPARTMENT MAY ALLOW A PERSON WHO IS UNABLE TO OPERATE AN IGNITION INTERLOCK DEVICE TO BE PLACED IN A CONTINUOUS ALCOHOL MONITORING PROGRAM INSTEAD OF EQUIPPING ANY MOTOR VEHICLE THE PERSON OPERATES WITH AN IGNITION INTERLOCK DEVICE.  THE PERSON SHALL BEAR THE COST OF ALL TESTING, MONITORING AND ENROLLMENT IN THE CONTINUOUS ALCOHOL MONITORING PROGRAM.  A PERSON WHO IS PLACED IN A CONTINUOUS ALCOHOL MONITORING PROGRAM PURSUANT TO THIS SUBSECTION SHALL REMAIN IN THE PROGRAM FOR THE SAME AMOUNT OF TIME THE PERSON IS REQUIRED TO MAINTAIN AN IGNITION INTERLOCK DEVICE.  DURING THE PERIOD OF CONTINUOUS ALCOHOL MONITORING THE PERSON SHALL BE TESTED AT A MINIMUM ONCE A DAY FOR THE USE OF ALCOHOLIC BEVERAGES BY A SCIENTIFIC METHOD THAT IS CHOSEN BY THE DIRECTOR.  IF THE PERSON TESTS POSITIVE FOR ALCOHOL TWO TIMES, THE DEPARTMENT SHALL DISCONTINUE THE CONTINUOUS ALCOHOL MONITORING AND REQUIRE THE PERSON TO INSTALL A CERTIFIED IGNITION INTERLOCK DEVICE AS OTHERWISE PROVIDED BY LAW. G.  K.  For the purposes of this section, "certified ignition interlock device" has the same meaning prescribed in section 28‑1301. Sec. 22.  Section 31-233, Arizona Revised Statutes, is amended to read: 31-233.  Order for removal; purposes; duration; continuous alcohol monitoring program; failure to return; classification A.  The director may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction of the department of any inmate for the purpose of employing the inmate in any work directly connected with the administration, management or maintenance of the prison or institution in which the inmate is confined, for purposes of cooperating voluntarily in medical research that cannot be performed at the prison or institution, or for participating in community action activities directed toward delinquency prevention and community betterment programs.   The removal shall not be for a period longer than one day. B.  Under specific rules established by the director for the selection of inmates, the director may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, for the purpose of furnishing to the inmate medical treatment not available at the prison or institution, for purposes preparatory to a return to the community within ninety days of the inmate's release date or for disaster aid, including local mutual aid and state emergencies.  When an inmate is temporarily removed or temporarily released for a purpose preparatory to return to the community or for compassionate leave, the director may require the inmate to reimburse the state, in whole or part, for expenses incurred by the state in connection with the inmate's temporary removal or release. C.  UNDER SPECIFIC RULES ESTABLISHED BY THE DIRECTOR FOR THE SELECTION OF INMATES, THE DIRECTOR ALSO MAY AUTHORIZE RELEASE UNDER A CONTINUOUS ALCOHOL MONITORING PROGRAM FOR ANY INMATE WHO IS SENTENCED PURSUANT TO SECTION 28-1383, SUBSECTION D OR E AND WHO IS PLACED ON PROBATION.  THE DIRECTOR MAY REQUIRE AN INMATE WHO IS RELEASED UNDER A CONTINUOUS ALCOHOL MONITORING PROGRAM TO REIMBURSE THE STATE, IN WHOLE OR PART, FOR EXPENSES INCURRED BY THE STATE IN CONNECTION WITH THE INMATE'S RELEASE. D.  AN INMATE WHO IS RELEASED UNDER A CONTINUOUS ALCOHOL MONITORING PROGRAM SHALL MEET THE FOLLOWING PROGRAM ELIGIBILITY REQUIREMENTS: 1.  SERVE AN INITIAL MINIMUM TERM OF TWENTY PER CENT OF THE INMATE'S TERM OF INCARCERATION. 2.  MAINTAIN COMPLIANCE DURING THE PERIOD OF MONITORING WITH ALL OF THE FOLLOWING REQUIREMENTS: (a)  AT A MINIMUM, ONCE A DAY TESTING FOR THE USE OF ALCOHOLIC BEVERAGES OR DRUGS BY A SCIENTIFIC METHOD THAT IS CHOSEN BY THE DIRECTOR. (b)  PARTICIPATION IN AN ALCOHOL OR DRUG PROGRAM, OR BOTH.  THESE PROGRAMS SHALL BE ACCREDITED BY THE DEPARTMENT OF HEALTH SERVICES. (c)  PROHIBITION OF ASSOCIATION WITH ANY PERSON WHO IS DETERMINED TO BE DETRIMENTAL TO THE INMATE'S SUCCESSFUL PARTICIPATION IN THE PROGRAM. (d)  ALL OTHER PROVISIONS OF THE INMATE'S SENTENCE. 3.  ANY ADDITIONAL ELIGIBILITY CRITERIA THAT THE DIRECTOR MAY IMPOSE. C.  E.  Except if community supervision is waived pursuant to section 13‑603, subsection K, the department shall add the amount of time the director approves for the inmate's temporary release to the inmate's term of community supervision imposed by the court pursuant to section 13‑603.  While the person is on temporary release the person is not on inmate status and is under the jurisdiction of the department until the terms of community supervision are met. D.  F.  Any inmate who knowingly fails to return from furlough, temporary removal or temporary release granted under this section is guilty of a class 5 felony. Sec. 23.  Effective date This act is effective from and after December 31, 2011.