Justice Served: Arizona Senate Bill 1228 Has Passed

May 1, 2016 — by James E. Novak Attorney PLLC
Tags: Dui Criminal Law

A gavel atop a judge’s deskDUI defense attorney James E. Novak is pleased to announce that, on March 17, 2016, Arizona Senate Bill 1228 passed 43 to 13. Exactly one week later, Governor Doug Ducey officially signed the bill into law. The passage of this bill represents a victory for local jurisdictions, as well as for reason over hysteria. According to the new law, the installation of an ignition interlock device in vehicles will no longer be mandatory for people convicted of a DUI or aggravated DUI that does not involve “intoxicating liquor.” Instead, judges will have the discretion to determine whether individuals convicted of such charges will have to equip their vehicles with ignition interlock devices beginning on December 31, 2016.

Now that Arizona SB1228 has passed, Phoenix, AZ DUI defense attorney James E. Novak will be able to represent clients who were arrested on charges of operating a vehicle while under the influence of drugs knowing that there are an even greater number of outcomes his arguments can influence. While his primary objective is always to get the charges against his clients dropped whenever possible, his arguments before the court may now influence lighter penalties in the event of a conviction, including convincing the judge that the driver convicted of operating his or her vehicle while under the influence of a drug should not be forced to install an ignition interlock device in his or her vehicle.

If you have been arrested for any type of DUI, whether it involves “intoxicating liquor” or not, we invite you to take the first step toward protecting your rights by contacting the Law Offices of James E. Novak, P.C. today.

Understanding Arizona SB1228

The amended bill specifically makes “intoxicating liquor” grounds for mandatory installation of a certified ignition interlock device in “any motor vehicle the person operates…for more than twelve months beginning on the date of reinstatement of the person’s driving privilege following a suspension or revocation…”  It further places the power to require other individuals convicted of DUI crimes in the hands of judges with the following language:

The court may order a person who is convicted of a violation of this section that does not involve intoxicating liquor to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to Section 28-3319.

Furthermore, Section 28-3304, Arizona Revised Statutes, was amended so that “Driving a motor vehicle while under the influence of a drug as defined in section 13-3401 or in violation of section 28-1381, subsection A, paragraph 3” was stricken from the offenses listed as grounds for mandatory revocation of a driver’s license upon conviction of the offense.

All in all, the passage of this bill represents excellent news for Arizona drivers specifically and for justice in general.

Contact DUI Defense Attorney James E. Novak Today

If you would like further information about Senate Bill 1228 and how it influences your rights, or you have a DUI case you wish for Mr. Novak to evaluate, we urge you to contact The Law Office of James Novak today.

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