Terms Used In Arizona Laws > Title 28 > Chapter 4 - Driving Under the Influence

• Abuse: means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. See Arizona Laws 8-201
• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. See Arizona Laws 28-101
• Allegation: something that someone says happened.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the transportation board. See Arizona Laws 28-101
• Bus: means a motor vehicle designed for carrying sixteen or more passengers, including the driver. 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
• circumvention: means an attempted or successful bypass of the proper functioning of a certified ignition interlock device and includes all of the following:

  (a) The bump start of a motor vehicle with a certified ignition interlock device. See Arizona Laws 28-1301

• Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:

  (a) Has a gross combined weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds. See Arizona Laws 28-1301

• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means :

  (a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal. See Arizona Laws 28-101

• Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court. See Arizona Laws 8-201
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
• Department: means the department of child safety. See Arizona Laws 8-201
• Detention: means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation. See Arizona Laws 8-201
• Director: means the director of the department of transportation. See Arizona Laws 28-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Drive: means to operate or be in actual physical control of a motor vehicle. 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
• Education: means a program in which a person participates in at least sixteen hours of classroom instruction relating to alcohol or other drugs. See Arizona Laws 28-1301
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
• Ignition interlock device: means a device that is based on alcohol specific electrochemical fuel sensor technology that meets the national highway traffic safety administration specifications, that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the motor vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level. See Arizona Laws 28-1301
• Ignition interlock service provider: means a person who is an authorized representative of a manufacturer and who is under contract with the department to install or oversee the installation of ignition interlock devices by the provider's authorized agents or subcontractors and to provide services to the public related to ignition interlock devices. See Arizona Laws 28-1301
• Independent living program: includes a residential program with supervision of less than twenty-four hours a day. See Arizona Laws 8-201
• juvenile: means an individual who is under eighteen years of age. See Arizona Laws 8-201
• Juvenile court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility. See Arizona Laws 8-201
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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
• Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
• Manufacturer: means a person or an organization that is located in the United States, that is responsible for the design, construction or production of an ignition interlock device and that is certified by the department to offer ignition interlock devices for installation in motor vehicles in this state. See Arizona Laws 28-1301
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Moral turpitude: means an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register pursuant to section 13-3821. See Arizona Laws 1-215
• Nonresident: means a person who is not a resident of this state as defined in section 28-2001. See Arizona Laws 28-101
• Operator: means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Arizona Laws 28-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means :

  (a) A person who holds the legal title of a vehicle. 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
• Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rolling retest: means a breath alcohol test that is required of a person at random intervals after the motor vehicle is started and that is in addition to the initial test required to start the motor vehicle. See Arizona Laws 28-1301
• 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
• Secure care: means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. See Arizona Laws 8-201
• Shelter care: means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community. See Arizona Laws 8-201
• State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
• Tampering: means an overt or conscious attempt to physically disable or otherwise disconnect the certified ignition interlock device from its power source that allows the operator to start the engine without taking and passing the requisite breath test. See Arizona Laws 28-1301
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Traffic survival school: means a school that is licensed pursuant to chapter 8, article 7. See Arizona Laws 28-101
• Treatment: means a program consisting of at least twenty hours of participation in a group setting dealing with alcohol or other drugs in addition to the sixteen hours of education. See Arizona Laws 28-1301
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck: means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying. See Arizona Laws 28-101
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215