ARS 28-1401: Special ignition interlock restricted driver licenses
The complete text of A.R.S. § 28-1401 on special ignition interlock restricted driver licenses, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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What § 28-1401 Sets Out
A.R.S. § 28-1401 is the Arizona statute on special ignition interlock restricted driver licenses. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28-1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28-1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows the person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions of the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person’s privilege to operate a motor vehicle has been restricted, suspended or revoked and the offense involved only alcohol or, if the person’s alcohol concentration is 0.08 or more, a combination of drugs and alcohol pursuant to any of the following:
- Section 28-1321, if the person meets the criteria of section 28-1321, subsection P.
- Section 28-1381, if the person meets the criteria of section 28-1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
- Section 28-1382, if the person meets the criteria of section 28-1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
- Section 28-1383, if the person meets the criteria of section 28-1383, subsection L and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
- Section 28-1385, if the person meets the criteria of section 28-1385, subsection I.
Full Text of A.R.S. § 28-1401
A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28-1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28-1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows the person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions of the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person’s privilege to operate a motor vehicle has been restricted, suspended or revoked and the offense involved only alcohol or, if the person’s alcohol concentration is 0.08 or more, a combination of drugs and alcohol pursuant to any of the following:
1. Section 28-1321, if the person meets the criteria of section 28-1321, subsection P.
2. Section 28-1381, if the person meets the criteria of section 28-1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
3. Section 28-1382, if the person meets the criteria of section 28-1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
4. Section 28-1383, if the person meets the criteria of section 28-1383, subsection L and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
5. Section 28-1385, if the person meets the criteria of section 28-1385, subsection I.
B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.
C. The department shall issue a special ignition interlock restricted driver license during the period of a court-ordered restriction pursuant to sections 28-3320 and 28-3322 subject to the certified ignition interlock requirements prescribed in article 5 of this chapter.
D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.
Source: Arizona Revised Statutes § 28-1401, Arizona Legislative Council revision of 09/20/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Title 28 — DUI: Screening, Interlock, Costs
- A.R.S. § 28-1462 — Ignition interlock device certification and decertification
- A.R.S. § 28-1464 — Ignition interlock devices
How § 28-1401 Affects an Arizona Case
§ 28-1401 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 28-1401?
A.R.S. § 28-1401 is the Arizona statute on special ignition interlock restricted driver licenses. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 28-1401?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/20/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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