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HB 2728

Administrative rule process; enacting the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025; effective date; emergency.

2025 Regular Session Introduced by Micheal Bergstrom and 1 co-sponsor

Arizona DUI sentencing may include evidence-based psychotherapy or court-approved religious programs as alternatives, alongside existing penalties.

Approved by Governor 05/21/2025
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Bill Summary · HB 2728

Summary — HB 2728 (Arizona) — DUI; alternative treatment

Status: Enacted (Chapter 209). Approved by Governor 05/21/2025; emergency clause added (measure passed as an emergency), so provisions took effect immediately on or shortly after signature.

Purpose

To amend Arizona Revised Statutes §28-1381 (Driving or actual physical control while under the influence) to (1) add "evidence-based psychotherapy" as an explicitly recognized option in the court-ordered alcohol/drug screening, education or treatment framework used for sentencing alternatives and ignition-interlock timing, and (2) permit, at a defendant’s option, court-approval of voluntary religious programs as an alternative condition in some sentences — while preserving existing public-safety penalties and procedural rules.

Key provisions and changes

  • Retains existing unlawful conduct definitions (impairment, BAC presumptions, drug presence, lower BAC thresholds for commercial/for‑hire/TNC drivers) and classification (class 1 misdemeanor).
  • Adds the term "EVIDENCE-BASED PSYCHOTHERAPY" alongside alcohol/other drug screening, education or treatment in two principal contexts:
    • I.6 — Timing for court-ordered ignition interlock devices: courts may order ignition interlock for more than 12 months beginning on the date the person successfully completes alcohol/drug screening, education, evidence‑based psychotherapy or treatment and is eligible to reinstate driving privileges.
    • J — Sentencing suspension: the judge may suspend all but one day of a required 10‑day jail sentence if the person completes a court‑ordered alcohol/other drug screening, education, evidence‑based psychotherapy or treatment program; failure to complete triggers an order to show cause.
  • Adds a voluntary religious-program option:
    • I.8 (House/Senate-engrossed versions): At the person’s option, the court may order participation in a court‑approved religious program. Participation must be voluntary and the program may not attempt to coerce adoption or change of religious beliefs.
    • House-engrossed language further clarifies that an approved religious program may be considered by the court as an alternative to other conditions imposed under the section.
  • Presumptions based on alcohol concentration (≤0.05 may presume not under influence; >0.05–<0.08 neutral; ≥0.08 may presume under influence) continue to apply in trials except they do not apply to proceedings involving commercial motor vehicles, vehicles for hire, or transportation network company drivers.
  • Existing sentencing elements remain: minimum 10 consecutive days in jail (with limited suspension as above), minimum $250 fine, possible community restitution, mandatory assessments ($500 to prison construction and operations fund and $500 to public safety equipment fund), ignition interlock and traffic survival school requirements where applicable.

Who is affected

  • Individuals convicted of DUI/actual physical control offenses in Arizona (including those seeking diversion/alternative sentencing).
  • Judges, courts and probation systems (new discretion to accept evidence‑based psychotherapy and court‑approved religious programs as conditions).
  • Arizona Department of Transportation (reporting/ignition interlock implementation) and state/local treasurers (receipt/transmittal of assessments).
  • Commercial drivers, drivers for hire and TNC drivers are treated differently concerning BAC presumptions in trials.

Procedural / timeline notes

  • Bill was enacted with an emergency provision and approved by the Governor on 05/21/2025 (Chapter 209). Because an emergency clause was adopted, key provisions became effective immediately upon signature (or as specified in the enrolled act).
  • Text in public versions is partially truncated; summary highlights the principal enacted amendments that appear throughout the engrossed and chaptered versions.

Compiled from official sources — confirm details with the bill’s official record.

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