Current Arizona Law, 28 A.R.S. § 1385.G, permits a driver whose Arizona driver’s license or privilege to drive is suspended during a first offense Admin Per Se suspension to drive during the last 60 days of the suspension person for travel between:
- The person’s place of employment and residence and during specified periods of time while at employment,
- To travel between the person’s place of residence and the person’s secondary or postsecondary school, according to the person’s employment or educational schedule,
- To travel between the person’s place of residence and the office of the person’s probation officer for scheduled appointments
- To travel between the person’s place of residence and a screening, education or treatment facility for scheduled appointments.
This is an oddity because a driver whose license or privilege to drive is suspended for a first offense refusal suspension under 28 A.R.S. § 1321.P after the first 90 days or for a first offense DUI conviction where there was no Admin Per Se Suspension under 28 A.R.S. § 1387.D after the first 30 days may have more driving privileges as a result as of 28 A.R.S. § 1401.A as set forth in 28 A.R.S. § 144:
- Between the person’s residence and place of employment during specified periods of time while at employment.
- Between the person’s residence or place of employment and the person’s school according to the person’s employment or education schedule.
- Between the person’s residence, place of employment or school and the office of a health professional as defined in section 32-3201.
- Between the person’s residence, place of employment or school and a screening, education or treatment facility for scheduled appointments.
- Between the person’s residence, place of employment or school and the office of the person’s probation officer for scheduled appointments.
- Between the person’s residence, place of employment or school and a certified ignition interlock device service facility.
- Between the person’s residence and a location designated for the purpose of parenting time as defined in section 25-401.
- To transport a dependent person who is living with the driver, between the driver’s residence and the dependent person’s employment, school or medical appointment.
This is an oddity because there is no reason to impose more restrictions on driving during a first time Admin Per Se suspension than during a Refusal or DUI conviction suspension. Fortunately, this year the legislature has corrected this law with 2021 Arizona Session Law Chapter 170, which now permits restricted driving for those drivers who have an Admin Per Se suspension the same as those whose licenses are suspended for first time Refusal suspension or a first time DUI conviction suspension.
The new law will go into effect 90 days after the end of the current legislative session.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
Website: https://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/
