Governor Vetoes Bill Clarifying Arizona DUI Penalties

Gov. Napolitano did not want to alter ignition interlock rule for drunk driving in Arizona.

Arizona Governor Janet Napolitano vetoed legislation that closed loopholes and clarified several conditions in current DUI laws. She disagreed with a statute that would have restored certain motorists’ driving privileges and allowed them to remove ignition interlock devices after 6-months.

A law enacted late last year requires motorists convicted of driving under the influence in Arizona to have an interlock device on any vehicle they drive for 12 months after driving privileges have been restored. The legislation Napolitano vetoed would have allowed a motorist to remove the device after 6 months only if they had completed a state approved drug and alcohol treatment program. The bill’s author hoped the incentive would cause a motorist found guilty of Arizona DUI to get behavior changing assistance and help them avoid becoming a repeat offender. Napolitano said it was too soon to alter the law passed last year.

Beyond the ignition interlock issue, lawmakers questioned the governor’s decision to veto the bill because they felt it offered several necessary fixes to Arizona DUI laws. For example, a motorist convicted of first offense drinking and driving in Arizona can have limited driving privileges restored after thirty days and full privileges restored 60 days after that. That is not available to someone who caused ‘serious physical injury’. However, the wording in the current law does not specify ‘death’ which means someone who kills another person while driving under the influence of alcohol can have their license partially reinstated after 30 days. The legislation vetoed by Napolitano would have corrected that situation.

The vetoed bill covered boating while intoxicated, making the penalties in line with a conviction for drunken driving in Arizona. It also clarified the license suspension process.

Lawmakers are uncertain whether there is enough time left in session for them to amend the legislation and resubmit it to the governor.

If you have been arrested for drunk driving in Arizona you will need to consult with DUI lawyer in Arizona.