Under current Arizona law (as of 7/6/18) in addition to other MVD licensing sanctions, a driver found guilty of an Arizona DUI is subject to discretionary driver improvement actions imposed by the MVD. 1 The current practice of the MVD is to impose discretionary actions based on the points assessment system. DUI is an 8-point assessment, Leaving the Scene of an Accident is 6 points, Speeding 3 points and most other moving violations 2 points. If a driver is assessed 8- 12 points within a 12-month time period and has not completed a Traffic Survival School (TSS) within the past 24 months then the discretionary driver improvement action imposed is an order to attend and complete TSS. The assessment of 13-17 points in 12 months results in a driver improvement action suspension for 3 months, 13-23, 6 months, and 24 or more within 36 months a 12-month suspension. 2 Restricted licenses are not available for driver improvement points suspensions. If a driver does not complete an MVD ordered TSS assignment then their license is suspended 6 months for points or indefinitely for a 28 A.R.S. § 645.A.3.A, Red Light violation. A driver may end suspension for not completing TSS by attending a TSS and paying a reinstatement fee.
With the current MVD practice a driver is subject to either a TSS assignment or a points suspension but not both. In 2018 the Legislature passed an amendment to the current DUI laws which could make a driver subject to a TSS assignment and a driver improvement points suspension. 2018 Arizona Session Laws, Chap. 307 3, now requires the MVD to order attendance at TSS school as a condition of the DUI court sentence. This new TSS requirement does nothing to change the MVD’s authority to order discretionary driver improvement suspensions based on points and there is no reason to believe the MVD will change this practice. Therefore, if as a result of a DUI conviction the driver is found guilty of other charges, such as 28 A.R.S. § 701, Speeding and as 28 A.R.S. § 729.1, Weaving, and thereby assessed 13 points or has a prior TSS assignment within 24 months prior to the DUI or other moving violations within the past 12 months, the MVD should also order a discretionary driver improvement points suspension as well.
This change is effective as of August 3, 2018, for offenses committed on or after August 3, 2018.
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