Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1453
DUI; license suspension; records
Purpose
Modifies reporting requirements related to driving under the influence (DUI) offenses and
orders of suspension issued by the Arizona Department of Transportation (ADOT). Modifies
requirements relating to ignition interlock devices (IIDs) and license suspension expungement.
Background
A person who operates a motor vehicle in Arizona gives consent to a test 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 while the person was driving under the influence (DUI). If a person under arrest for a
suspected DUI refuses to submit to the test designated by the law enforcement agency, the test will
not be given, and the law enforcement officer directing the administration of the test must file a
certified report of the refusal with ADOT, and serve an order of suspension on the person that is
effective after the date the order is served (A.R.S. § 28-1321).
If a breath test or other drug test is administered, a law enforcement officer must forward
the certified report ADOT within 30 days after the arrest occurs. If a certified report is not
forwarded to ADOT within prescribed time limits, the report is inadmissible in a hearing unless
the violation resulted in death or serious physical injury.
If an officer does not serve an order of suspension, and if ADOT does not receive the report
of the results of a blood or breath test, ADOT must notify the person named in the report in writing
that 30 days after the date of the issuance of the notice, ADOT will suspend the person's license,
permit or privilege to drive. The notice must also state that ADOT will provide an opportunity for
a hearing and summary review if the person requests one and the request is received by ADOT
within 30 days after the notice is sent (A.R.S. § 28-1385).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
Implied Consent Refusal Report
1. Requires a law enforcement officer who administered a DUI test, if the person under arrest
refused the test, to file a certified report of the refusal with ADOT within 30 days after the date
of the arrest. FACT SHEET
S.B. 1453
Page 2
2. Prohibits ADOT from entering an order of suspension on its record if the certified report is not
forwarded to ADOT, unless the violation resulted in death or serious physical injury.
3. Adds that a law enforcement officer, on behalf of ADOT and if applicable, must advise the
person that the certified report will be submitted to ADOT and that ADOT will notify the
person in writing if an order of suspension is entered.
4. Requires the law enforcement officer to direct the person to ensure the person's address is
updated with ADOT.
5. Requires a law enforcement officer who administered a test to forward a surrendered driver
license or permit to ADOT within 30 days, rather than 5 days, after the issuance of the order
of suspension.
6. Requires a law enforcement officer to forward the certified report of refusal, a copy of the
completed notice of suspension and a copy of any completed temporary permit to ADOT
within 30 days, rather than 5 days, after the issuance of the notice of suspension.
7. Stipulates that an order of suspension is effective 30 days after the date that the order was
served unless a timely request for a hearing is filed by the accused person.
Administrative License Suspension for DUI Arrests
8. Requires the Director of ADOT to expunge a note of suspension or revocation pursuant to an
administrative license suspension if the person has not been charged with another DUI
violation within 24 months, rather than 12 months, from the event on which the license
suspension or revocation is based, if the event involved death or serious physical injury.
9. Requires a law enforcement officer to forward a certified report of a DUI arrest to ADOT
within 30 days after the arrest occurs.
10. Subjects law enforcement officers and ADOT to the same reporting requirements and
procedures for DUI arrests under the administrative license suspension statutes as are required
for implied consent test refusals.
11. Removes the stipulation that a report that is not forwarded to ADOT within prescribed time
limits is inadmissible in an administrative license suspension hearing.
12. Requires ADOT, on receipt of the certified report, to enter an order of suspension on its
records.
13. Requires ADOT to mail a written notification to the person who is named in the certified report.
14. Requires the notification to include information on alcohol or other drug education and
treatment programs that are provided by a facility approved by the Department of Health
Services (DHS), and to disclose all of the following:
a) ADOT will suspend the person's driving privilege 30 days after the date of issuance of the
notice;
b) the person may submit a written or online request for a hearing or summary review; FACT SHEET
S.B. 1453
Page 3
c) the request for a hearing or summary review must be received by ADOT within 30 days
after the date of the notice or order of suspension becomes final;
d) the person's driving privilege, right to apply for a driving privilege or the person's
nonresident operating privilege will be suspended as prescribed, and may only be issued or
reinstated following the period of suspension only if the person completes alcohol or other
drug screening; and
e) the person may apply for a special ignition interlock restricted driver license.
15. Removes the stipulation that if an officer does not serve an order of suspension, and if ADOT
does not receive the report of a DUI arrest, but subsequently receives the results of a DUI test
that warrants license suspension, ADOT must notify the person named that their license will
be suspended 30 days after issuance of the notice of suspension.
Ignition Interlock Devices
16. Requires ADOT to require monthly alcohol and drug screening instead of an IID if a person
required to equip an IID has a medical condition that prevents the person from using the
certified IID during the entire time the person will be required to use the IID.
17. Requires ADOT to require evidence of the medical condition that is satisfactory to ADOT and
that is provided in a manner prescribed by ADOT from an authorized physician or an
authorized physician assistant.
18. Requires the alcohol or drug screening to be provided by a facility approved by DHS, the U.S.
Department of Veterans Affairs, a substance abuse counselor or a probation department.
Miscellaneous
19. Exempts ADOT from rulemaking requirements for one year.
20. Makes technical and conforming changes.
21. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
ZD/cs