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Arizona DUI Offenders Get New Mandate For Breath-Testers

May 18th, 2007 @ 5:10pm by Associated Press

PHOENIX - A drunken-driving sentencing bill signed into law by Gov. Janet Napolitano means first-time DUI offenders will have to install and use breath-testing ignition interlocks on their vehicles for at least a year after resuming driving.

Napolitano signed the bill into law on Friday, three days after lawmakers completed action on the measure, making Arizona the only state besides New Mexico to have an interlock requirement for first-time regular DUI offenders.

A supporter of the requirement called it an alternative to fines and penalties that don't do enough to change offenders' behavior, while critics said the requirement is overkill that unfairly burdens first-time offenders.

Unless changed in subsequent legislation, the new requirement will take effect 90 days after the current session ends. That should take place this month or next.

Arizona law currently requires repeat DUI offenders or those convicted of extreme or aggravated DUI to use interlocks when their driving privileges are restored. The devices will not allow a vehicle to start if the person's alcohol content is above a certain limit.

Under the bill (SB1029), people convicted of regular DUI will be required to have an ignition interlock installed and maintained in their vehicles for at least a year. The blood-alcohol level for regular DUI is .08.

Enactment of the law came during a session that has already seen Arizona lawmakers take several steps to combat drunken driving.

Two DUI bills previously signed by Napolitano remove judges' discretion to suspend jail time for extreme DUI offenders and toughen a calculation on eligibility for aggravated-DUI penalties. Another bill signed by Napolitano increases penalties for hit-and-run accidents.

Sen. Jim Waring, a Phoenix Republican who sponsored the bill signed Friday and the two other DUI bills, said the same bills wouldn't have passed five years ago.

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However, the legislative climate has changed as lawmakers heard from constituents about the human cost of DUI accidents that touched many lives, Waring said.

The interlock requirement was added to a Waring-sponsored bill to require 45 days of consecutive jail time for first-time extreme DUI offenders with a blood-alcohol content of .20 or higher.

Currently, a first-time extreme DUI conviction requires 30 consecutive days of jail, but a judge can suspend all but 10 of the 30 days.

Freshman Democratic Rep. David Schapira of Tempe authored the amendment that added the interlock requirement, saying the devices ``will go a long way to helping save lives in Arizona.''

A spokeswoman for a national group that represents restaurant chains that sell alcohol said lawmakers should be focus on repeat DUI offenders and those with high blood-alcohol levels, not casual drinkers who make isolated mistakes that they likely won't repeat.

``Everybody wants drunken drivers off the road. There's nobody who has an interest in keeping drunken drivers on the road. What we're interested in is sensible legislation that solves the problem and that's not what this is,'' said Sarah Longwell of the Washington-based American Beverage Institute.

Longwell said the Washington-based industry group fears that the idea of a broadened interlock mandate could spread to other states and gradually lead to requirements for all vehicles.

New Mexico advocates contend the interlocks have helped, and the number of alcohol-related traffic fatalities is down since the requirement was implemented in 2005. But New Mexico also has been stepping up enforcement with more DWI checkpoints and has imposed tougher penalties for repeat offenders.

Though both chambers of Arizona Legislature approved the interlock bill by big-margin votes, some lawmakers at the time voiced reservations about the interlock requirement and said they hoped that a House-Senate conference committee would scale back the mandate.

``I agree that we need to enforce DUI laws as strictly as possible. I agree with the sentiments that we need to focus on prevention, but I also we need to make sure we're not unfairly and unduly placing an economic burden on people that have made a mistake for the fist time and most likely won't repeat that mistake,'' said Rep. Chad Campbell, D-Phoenix.

However, the bill became law as-is when Waring said he pulled the plug on three weeks of efforts to forge a compromise when it became clear there was no consensus among House members.

This information is courtesy of http://ktar.com/

 

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