ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1560
homeowners’ associations; violation notices
(NOW: DUI; prior offenses)
Purpose
Modifies the penalties for repeat driving or actual physical control while under the influence (DUI) violations.
Background
It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive or be in actual physical control of a motor vehicle. This is commonly referred to as driving under the influence or DUI. A person commits a DUI if the person has a blood alcohol content (BAC) of 0.08 or more within two hours of driving or being in actual physical control of the vehicle; a person commits an extreme DUI by having a BAC of 0.15 or more. Additionally, statute penalizes certain DUI offenses depending on the circumstances involved. For example, a person commits one type of aggravated DUI when the person commits a third or subsequent DUI, extreme DUI or aggravated DUI, and within the past 60 months previously was convicted of any combination of those offenses.
According to the Century Council, about one-third of all drivers arrested for DUI are repeat offenders and over half have a BAC of 0.15. In Arizona, a person will received increased penalties for committing multiple DUI offenses within 60 months of each other. The range of penalties depends on the type of DUI violations involved. For example, if a person is convicted of a DUI and has previously been convicted of any other DUI, the person must be sentenced to serve not less than 90 days in jail, 30 of which must be served consecutively, have his or her driving privileges revoked for one year and pay fines and assessments totaling $3,000. Additionally, the person may be ordered to perform community restitution and to equip any vehicle the person drives with an ignition interlock device when the person’s driving privileges are reinstated. If a person commits aggravated DUI by having three or more prior DUI violations, the person must spend a minimum of eight months in prison, pay fines and assessments totaling $4,000, complete an alcohol or other drug screening, education or treatment program, have his or her license revoked for three years and equip any vehicle the person drives with an ignition interlock device when the person’s driving privileges are reinstated.
Statute contains implied consent laws stating a person who operates a vehicle in Arizona gives consent to a test to determine alcohol or drug content in specific situations. One of those situations is when a person is involved in a traffic accident resulting in death or serious physical injury and a law enforcement officer has probable cause to believe that the person caused the accident or the person is issued a citation for violating certain traffic or DUI laws. The other instance in which a person statutorily provides implied consent to a test to determine alcohol concentration or drug content is when the person is arrested for DUI. If a person refuses to submit to these tests, the person’s license will be suspended or denied for 12 months, or for two years for a second or subsequent refusal in a period of 60 months.
The fiscal impact associated with this legislation is unknown. While county jails and the Arizona Department of Corrections may have an increase in population as a result of this legislation, fines and assessments collected as a result of increased repeat DUI convictions also may increase.
Provisions
1. Applies the increased penalties to repeat DUI offenders if the repeat DUIs occur within 84 months, rather than 60 months, of each other.
2. Specifies that a person commits aggravated DUI when the person commits a third or subsequent violation of any type of DUI within 84 months, rather than 60 months, of the prior DUI offenses.
3. Requires, in addition to other penalties, a person to perform at least 30 hours of community restitution if within 84 months of a previous DUI, extreme DUI or aggravated DUI violation the person is convicted of another DUI or extreme DUI.
4. Specifies that if a person refuses to submit to a test to determine the person’s blood alcohol or drug content for the second or subsequent time within a period of 84 months, rather than 60 months, the person’s license will be suspended for two years.
5. Requires the Motor Vehicle Division to immediately revoke the license of a driver upon conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses committed within 84 months, as opposed to 60 months:
a) reckless driving.
b) racing on highways.
c) any combination of a violation of DUI or extreme DUI and reckless driving, of a violation of DUI or extreme DUI and racing on highways, or reckless driving and racing on highways, if they do not arise out of the same event.
6. Makes conforming changes regarding the administrative suspension of an individual’s license.
7. Incorporates the Legislative Council reviser’s corrections to the aggravated DUI statute, blending conflicting enactments from Laws 2005.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by House of Representatives
· Adopted a strike everything amendment.
Senate Action House Action
GOV 2/16/06 DP 7-0-0-0 FMPR 3/27/06 DP 6-0-0-0
3rd Read 3/14/06 28-1-0-0-1 COM 6/1/06 DPA/SE 8-0-0-1
Final Read 6/19/06 26-2-2-0 3rd Read 6/7/06 40-2-18-0
Signed by the Governor 6/28/06
Chapter 395
Prepared by Senate Research
July 5, 2006
JE/jas