DUI bill moves forward, but with a major change (8359) 

Supporters have revived a proposal to take away a driver's license after a serious accident in which a driver is suspected of being intoxicated, but without its original intent to allow on-the-spot suspensions.  

Sen. Jim Waring, R-7, said the bill would not have gotten through without the changes.

 

In the end, it was still better than the existing laws, he said.

 

"It's a much faster suspension than is currently in place, and there's no suspension now in these cases," Waring said. "It doesn't make sense that we don't do this in such serious situations." 

 

The proposal was revived March 19 through an amendment offered on the floor by Sen. Linda Gray, R-10, to her own bill, which also deals with drinking-and-driving legislation.

 

Senators passed the bill, S1184, by a vote of 25-3 the next day.

 

The amendment would require a law enforcement officer to serve an order of suspension on behalf of the Arizona Department of Transportation if the police officer has probable cause to believe that the driver caused an accident that resulted in death or serious physical injury, and that the driver was drunk.

 

The suspension would be effective seven days after it is served, differing from the original bill that aimed to give law enforcement officers the authority to suspend a driver's license on the spot. It also allows the driver to request a hearing to contest the order of suspension within seven days after being served.

 

If someone were to contest the order, the suspension would be delayed until a hearing.

 

"It wasn't going to pass as it was, I don't think," Waring said.

 

Victims of drunk-driving incidents had failed to persuade a panel of lawmakers about the merits of suspending a person's driver's license on the spot under specific circumstances.

 

The discussion during a Senate Transportation Committee hearing on Feb. 26 had centered on whether the idea of taking away a driver's license after an accident would have any impact on people's behavior and thereby reduce the number of road fatalities and injuries. 

 

One state senator argued that, in many cases, "laws end up being words on the paper. It doesn't change anyone's behavior."

 

The bill, S1008, was heard in two committees, receiving approval in one but ultimately failing in the other. It was an uphill struggle all along; the proposal had been held in both committees before getting a vote. The language also had been modified along the way.

State law specifies ways that a person can lose a driver's license, such as when convicted of drunk driving. A refusal to take an alcohol test is grounds for a 15-day suspension. Under this section of law, an officer can ask for a driver's license and upon surrender, issue a temporary driving permit valid for 15 days.