Driving Restrictions Due to a DUI Conviction

June 5, 2017 Posted in Felonies

Generally, you need to have a fingerprint clearance card issued by the Arizona Board of Fingerprinting if you work with children, the elderly, disabled adults, and victims of domestic violence. Dentists, dental hygienists, dentists, nurses and real estate agents also need fingerprint clearance cards.

A.R.S. § 41-1758.03(D) states:

“D. A person who is awaiting trial on or who has been convicted of committing or attempting to commit a misdemeanor or felony violation of section 28-1381, 28-1382 or 28-1383 in this state or the same or similar offense in another state or jurisdiction within five years from the date of applying for a fingerprint clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person’s employment. The division shall place a notation on the fingerprint clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person’s employment. This subsection does not apply to a person who is licensed pursuant to title 32, chapter 20, except if the person is employed by an agency as defined in section 41-1758.”

A.R.S. § 41-1758(1) defines an “agency” as:

“1. “Agency” means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the department of financial institutions, the board of fingerprinting, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners or the Arizona state board of pharmacy.”

The three laws mentioned in A.R.S. § 41-1758.03(D) are driving under the influence, driving under the extreme influence, and aggravated driving under the influence. A person who is licensed “pursuant to title 32, chapter 20” is a licensed real estate agent. A licensed real estate agent is highly unlikely to be employed by any of the agencies listed in A.R.S. § 41-1758. Therefore, A.R.S. § 41-1758.03(D) allows licensed real estate agents to transport clients and employees even though they have DUI convictions.

At first glance, it doesn’t seem like the driving restriction would apply to many people since not everyone works for an agency.Unfortunately, private employers may interpret A.R.S. § 41-1758.03(D) as precluding them from hiring or continuing to employ a person with the driving restriction. Another obstacle may be the private employer’s car insurance which may not cover an employee who has a driving restriction.

A DUI conviction will subject you to the driving restriction under A.R.S. § 41-1758.03(D). This collateral consequence means that you should hire an experienced DUI attorney if you are charged with a DUI. Attorney Gary Rohlwing has over three decades of experience defending against DUI charges. Call him today for a free consultation.