Section R17-4-411. Special Ignition Interlock Restricted Driver License: Application, Restrictions, Reporting, Fee

A.      In addition to the requirements prescribed in A.R.S. § 28- 3158, an person applying for a special ignition interlock restricted driver license shall:

1.        If the person is suspended for a first offense of A.R.S. § 28-1321:

a.         Complete at least 90 consecutive days of the period of the suspension, and

b.        Maintain a functioning certified ignition interlock device during the remaining period of the suspen- sion.

2.        If the person is revoked for a first offense of A.R.S. § 28- 1383(A)(3):

a.         Complete at least 90 consecutive days of the suspen- sion under A.R.S. § 28-1385,

b.        Submit proof to the Division that the person has completed an approved alcohol or drug screening or treatment program, and

	c.      Maintain a functioning certified ignition interlock	R17-4-412.     Extension   of    a    Special    Ignition    Interlock
	device during the remaining period of the revoca-	Restricted Driver License: Hearing, Burden of Proof and Pre-
	tion.	sumptions
	3.     If the person has a court-ordered restriction under A.R.S.	A.   Extension. The Division shall extend a person’s special igni-
	§§ 28-3320 or 28-3322:	tion interlock restricted driver license for a period of one year
	a.      Comply with the restrictions in subsection (C), and	if the Division has reasonable grounds to believe:
	b.     Maintain a functioning certified ignition interlock	1.     The person tampered with the certified ignition interlock
	device during the remaining period of the court-	device within the meaning of A.R.S. § 28-1301(9),
	ordered restriction.	2.     The person fails to provide proof of compliance pre-
B.	The  Division   shall  not   issue  a  special  ignition  interlock	scribed in A.R.S. § 28-1461, or
	restricted driver license if the person’s driver license or driving	3.     The person attempted to operate the vehicle with an alco-
	privilege is suspended or revoked for a reason not under sub-	hol concentration exceeding the presumptive limit pre-
	sections (A)(1), (2), or (3).	scribed in A.R.S. § 28-1381(G)(3) three or more times
C.	A person applying for a special ignition interlock restricted	during the period of license restriction or limitation, or if
	driver license shall pay the following fees:	the person is younger than 21 years of age, attempted to
	1.     Age 50 or older               $10.00	operate the vehicle with any spirituous liquor in the per-
	2.     Age 45 – 49                    $15.00	son’s  body  three  or  more  times  during  the  period  of
	3.     Age 40 – 44                    $20.00	license restriction or limitation.
	4.     Age 39 or younger          $25.00	B.    Hearing.  If  a  person’s  special   ignition  interlock  restricted
D.	A special ignition interlock restricted driver license issued	driver license is extended under subsection (A), the person
	under subsection (A), permits a person to operate a motor	may submit, within 15 days of the date of the order of exten-
	vehicle equipped with a functioning certified ignition interlock	sion  of  the   restriction,  a  written   request  to  the   Division
	device as prescribed in A.R.S. § 28-1402(A).	requesting a hearing. A request for hearing stays the extension
E.	Reporting. On the eleventh month after the initial date of	of the restriction.
	installation and each eleventh month thereafter for as long as	C.   Burden of proof and presumptions.
	the person is required to maintain a functioning certified igni-	1.     The hearing office shall presume that the person’s whose
	tion interlock device, each installer shall electronically provide	special  ignition  interlock  restricted  driver  license   is
	the Division all of the following information as recorded by	extended under subsection (A)(3), was the person in con-
	the certified ignition interlock device:	trol of the vehicle and the person attempted to operate the
	1.     Date installed;	vehicle with an alcohol concentration exceeding the pre-
	2.     Person’s full name;	sumptive limit in A.R.S. § 28-1381, or tampered with the
	3.     Person’s date of birth;	device within the meaning of A.R.S. § 28-1301(9).
	4.     Person’s customer or driver license number;	2.     The person may be rebut the presumption by a showing
	5.     Installer and manufacturer name;	of clear and convincing evidence that the person whose
	6.     Installer fax number;	special ignition interlock restricted driver license being
	7.     Date report interpreted;	extended, was not the person in control of the vehicle or
	8.     Report period;	attempted to operate the vehicle with an alcohol concen-
	9.     Any  tampering   of  the  device  within  the  meaning  of	tration exceeding the presumptive limit in A.R.S. § 28-
	A.R.S. § 28-1301(9);	1381, or tampered with the device within the meaning of
	10.  Any failure of the person to provide proof of compliance	A.R.S. § 28-1301(9).
	or inspection as prescribed in A.R.S. § 28-1461;	D.    Except  for  subsection  (A)(2),  if   the  Division   suspends,
	11.  Any attempts to operate the vehicle with an alcohol con-	revokes, cancels, or otherwise rescinds a person’s special igni-
	centration exceeding the presumptive limit prescribed in	tion interlock restricted driver license for any reason, the Divi-
	A.R.S. § 28-1381(G)(3), or if the person is younger than	sion shall not issue a  new license or reinstate the special
	21 years of age, attempts to operate the vehicle with any	ignition interlock restricted driver license during the original
	spirituous liquor in the person’s body; and	period of suspension or revocation or while the person is oth-
	12.  Any other information required by the Director.	erwise ineligible to receive a license.

F. A person applying for a special ignition interlock restricted driver license shall provide proof of financial responsibility prescribed in Title 28, Arizona Revised Statutes, Chapter 9, Article 3.

Historical Note

Adopted as an emergency effective August 18, 1983, pur- suant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-206 and Appendices C and E adopted as an emergency effective August 18, 1983, now adopted without change as a permanent rule effec- tive November 30, 1983 (Supp. 83-6). Former Section R17-4-206 renumbered without change as Section R17-4- 411 (Supp. 87-2). Section recodified to R17-4-455 at 7

A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 12 A.A.R. 871,

effective March 7, 2006 (Supp. 06-1).

Historical Note

Adopted as an emergency effective August 18, 1983, pur- suant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-207 adopted as an emer- gency effective August 18, 1983, now adopted as a per- manent rule effective November 30, 1983 (Supp. 83-6). Correction, (A)(3) as certified effective November 30, 1983 (Supp. 84-3). Former Section R17-4-207 renum- bered without change as Section R17-4-412. Correction: subsection (F), paragraph (6), “overweight” corrected to read: “overheight” (Supp. 87-2). Section recodified to R17-4-456 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 12 A.A.R. 871, effective March 7, 2006 (Supp. 06-1).