A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28-1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28-1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows the person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions of the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person’s privilege to operate a motor vehicle has been restricted, suspended or revoked and the offense involved only alcohol or, if the person’s alcohol concentration is 0.08 or more, a combination of drugs and alcohol pursuant to any of the following:

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Terms Used In Arizona Laws 28-1401

  • Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. See Arizona Laws 28-101
  • Certified ignition interlock device: means an ignition interlock device that is certified pursuant to article 5 of this chapter. See Arizona Laws 28-1301
  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Director: means the director of the department of transportation. See Arizona Laws 28-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
  • Driver license: means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle. See Arizona Laws 28-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence: includes both of the following:

    (a) A display on a wireless communication device of a department-generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding. See Arizona Laws 28-101

  • License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles. See Arizona Laws 28-1301
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215

1. Section 28-1321, if the person meets the criteria of section 28-1321, subsection P.

2. Section 28-1381, if the person meets the criteria of section 28-1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

3. Section 28-1382, if the person meets the criteria of section 28-1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

4. Section 28-1383, if the person meets the criteria of section 28-1383, subsection L and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.

5. Section 28-1385, if the person meets the criteria of section 28-1385, subsection H.

B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.

C. The department shall issue a special ignition interlock restricted driver license during the period of a court-ordered restriction pursuant to sections 28-3320 and 28-3322 subject to the certified ignition interlock requirements prescribed in article 5 of this chapter.

D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.