A. The department of transportation shall order a person whose driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege is suspended pursuant to section 28-1385 to complete alcohol or other drug screening pursuant to this chapter. The alcohol or other drug screening shall be provided by a facility approved by the department of health services, the United States department of veterans affairs, a substance abuse counselor as defined in section 28-3005 or a probation department.

Terms Used In Arizona Laws 28-1445

  • Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. See Arizona Laws 28-101
  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. 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
  • 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
  • Nonresident: means a person who is not a resident of this state as defined in section 28-2001. See Arizona Laws 28-101
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Screening: means a preliminary interview and assessment of an offender to determine if the offender requires alcohol or other drug education or treatment. See Arizona Laws 28-1301
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

B. The department may accept evidence satisfactory to the department and in a manner prescribed by the department, after consulting with the administrative office of the courts, of a person’s completion of alcohol or other drug screening ordered by the court pursuant to section 28-1381, 28-1382, 28-1383 or 28-1387 as sufficient to meet the alcohol or other drug screening requirements of section 28-1385 and this section or the department may order the person to complete additional alcohol or other drug screening.

C. A person who is ordered to complete alcohol or other drug screening is responsible for paying the costs of the screening.

D. The department shall issue a driver license or permit or reinstate a person’s driving privilege only if the person provides satisfactory evidence to the department that the person has completed alcohol or other drug screening.

E. A person who provides an alcohol or other drug screening program shall electronically report the following to the department in a form prescribed by the department:

1. The completion of screening pursuant to this section.

2. The failure of a person to complete screening as ordered by the department pursuant to this section.