(A) It is unlawful for a person to ride, operate or be in actual physical control of a bicycle, electric bicycle, motorized bicycle, motorized skateboard, motorized play vehicle electric scooter, electric miniature scooter or similar device under any of the following circumstances:
(1) While under the influence of intoxicating liquor, any drug, a vapor-releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
(2) If the person has an alcohol concentration of 0.08 or more within two hours of riding, operating or being in actual physical control of the electric bicycle, motorized bicycle, motorized skateboard, motorized play vehicle, electric scooter, electric miniature scooter or similar device and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the electric bicycle, motorized bicycle, motorized skateboard, motorized play vehicle, electric scooter, electric miniature scooter or similar device
(3) While there is any drug defined in A.R.S. § 13-3401 or its impairing metabolite in the person's body.
(B) It is not a defense to a charge of a violation of subsection (A)(1) of this section that the person is or has been entitled to use the drug under the laws of this state.
(C) A person who is convicted of a violation of this section is guilty of a class one misdemeanor.
(D) A person using a drug as prescribed by a medical practitioner who is licensed pursuant to A.R.S. Title 32 and who is authorized to prescribe the drug is not guilty of violating subsection (A)(3) of this section.
(E) In a trial, action or proceeding for a violation of this section, the defendant's alcohol concentration within two hours of the time of riding, operating or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:
(1) If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.
(2) If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant’s blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(3) If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.
(F) Subsection (E) of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.
(G) A person who is convicted of a violation of this section:
(1) Shall be sentenced to serve not less than five consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.
(2) Shall pay a fine of not less than $250.
(3) May be ordered by a court to perform community restitution.
(H) Notwithstanding subsection (G)(1) of this section, at the time of sentencing the judge may suspend all but 24 hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.
(Ord. O2021-005, passed 2-17-21)