2006 – ARIZONA CHANGES IN DUI/ALCOHOL LAWS
Find Arizona DUI Attorneys - Arizona Drunk Driving Lawyers Here
See the Complete Arizona DUI Laws and Arizona DUI Penalties from 2005 Here
Note: Unless otherwise noted, all other laws from Arizona DUI Laws 2005 remain in effect in 2006:
TITLE 4 – ALCOHOLIC BEVERAGES
4-241. Selling or giving liquor to underage person; illegally obtaining liquor by
underage person; violation; classification: Judicial discretion in suspending the license
of an individual convicted of knowingly selling, giving or serving a minor alcohol with a
maximum of 30 days for first offense and 6 months for second or subsequent offenses.
Excludes parents or guardians of a minor child in their home or as part of a religious
service. Chapter 268 (HB2115)
TITLE 28 - TRANSPORTATION
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: Provides for individuals whose license has been
suspended for refusal to submit to a blood alcohol content test or whose driving privilege
is revoked for certain DUI offenses may apply to the MVD for a special ignition interlock
restricted driver's license in order to drive to and from work, doctor's office. Also makes
changes to IID requirements. Effective February 1, 2006. Chapter 312 (SB1240)
28-1382 and 5-395. DUI Assessments, DPS Equipment, GITEM: Creates additional
assessments that are non-waivable by the court for DUI and OUI convictions. $500 first
offense and $1,250 for a second offense within 5 years. Extreme DUI, $1,000 for a first
offense and $1,250 for a second offense within 5 years. Aggravated DUI $1,500. Refusal
to provide test sample is subject to a civil penalty of $500, motor vehicles only, not
watercraft. Proceeds are deposited in the state general fund. Appropriation to the Dept of
Public Safety from the general fund, $3 million for flak jackets, stun guns and other
safety equipment. Appropriation of $3,897,400 from the general fund to DPS for the
Gang Intelligence Team Enforcement Mission (GITEM). Chapter 307 (SB1160)
8
28-3511. Removal and impoundment of vehicle: Creates mandatory requirement for
law enforcement to impound the vehicle of any individual driving on a suspended or
lacking a license (from Arizona or any jurisdiction) in an uninsured vehicle.
Discretionary language for impounding vehicles of drivers with suspended license (only).
Creates increased mandatory penalties from $250 to $500 for a DOSL first offense; $500
to $750 for second DOSL offense; $750 to $1000 for subsequent DOSL offenses.
Chapter 113 (SB1420)
28-3511. Removal and impoundment of vehicle; immobilization of vehicle: Upon
arrest of a driver of a vehicle for extreme or aggravated DUI or a driver under 21 that has
been drinking an alcoholic beverage, officers must remove the vehicle and either
immobilize it or impound it. An exception is provided if the spouse of the driver is
present, has a valid license, is not impaired by alcohol, and represents to the peace officer
that the car will be driven only to the driver's home or to a place of safety. Regulations
governing duration, notification, early release, charges, etc. that currently pertain to
impounded vehicles are extended to immobilized vehicles. Effective October 31, 2005.
Chapter 313 (SB1254)