Arizona Adopts New Laws Benefiting DUI Defendants

In the wake of current criminal justice reform efforts in a number of states, the Arizona House Committee on Criminal Justice Reform unanimously approved two new DUI related laws to benefit DUI defendants.
 


Two new laws will take effect on New Year’s Day 2023.

The changes involve laws under House Bill 2673, cited as the “Arizona Judicial Discretion Act,” which addresses the harshness of aggravated DUI law and driver license points and license expungement. Senate Bill 1334 eases driver's license suspension and restrictions.

 

HB 2673 ‘Forever Priors’

An aggravated DUI will no longer be considered a historical prior offense except when there is a subsequent aggravated DUI charge.

A historical prior conviction means that any prior felony conviction required a term of imprisonment for aggravated driving or actual physical control while under the influence.

“The imposition of the mandatory prison sentence would result in an injustice to the defendant. The mandatory prison sentence is not necessary for the protection of the public,” states the bill.

HB 2673 also eliminates this subsection of law that stated Arizona “shall not dismiss a charge even though there is an insufficient legal or factual basis to pursue the charge.” So, a felony aggravated DUI is no longer a forever prior offense, which had the result of an increased prison sentence.

Therefore prosecutorial agencies can no longer rely on this statute as an excuse to not plea DUIs to lesser crimes.

 

HB 2673 Driver License Points and Expungement

The Motor Vehicle Department will no longer be allowed to stack on points from one traffic stop if multiple infractions occurred.

Arizona drivers can have their traffic offenses removed from their driving records. Previously an expungement for a DUI was not allowed unless the DUI charge was dismissed or a non-DUI resolution occurred. Under this new law, if the statute of limitations runs on an allegation that was reported to ADOT, the driver can have their record cleared on the DUI by administrative action.

The new law also allows the defendant with an IID can get credit for time served while using the IID.
 

Senate Bill 1334: DUI License Suspension and Restrictions

This law removed the 90-day waiting period that was necessary before a person could apply to have an Ignition Interlocking Device (IID) installed and to have a restricted driver’s license, and the right to have an administrative hearing is waived.  However, a person whose license was suspended a second time within 84 months is not eligible for an IID.

Senate Bill 1334 allows convicted DUI defendants to avoid installing an Interlocking Ignition Device (IID), which prevents the engine from starting if alcohol is detected on the driver’s breath. This law gives a DUI defendant the choice of living with a restricted license for 30 or 60 days. The restrictions on where the defendant could drive, such as to school or work, were removed from the law.

A driver who is convicted of reckless driving or another serious motor vehicle violation within 24 months will receive a one-year license suspension, including a hard suspended license for 45 days.

Impairment to the slightest degree now matters in ADOT administrative hearings in regard to determining if the arresting officer had reasonable grounds to make the arrest.
 

Common felony DUI defenses

The revised law can benefit a DUI defense; however, the defense starts at the traffic stop because the officer may not have had sufficient probable cause or reasonable suspicion to stop the driver.

At the point of arrest, the officer must advise you that you have the right to remain silent and to have an attorney represent you. These are your Miranda rights guaranteed by the Fifth and Sixth Amendments, respectively. It is best to invoke these rights at the outset of the stop to impede the officer’s questioning. Anything said is used against the suspect.

The state must prove its case against you beyond a reasonable doubt. An experienced DUI Defense Attorney in Phoenix can challenge the validity of the state’s evidence and protect your rights.