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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
time limitation; DUI prosecutions
Purpose
Requires prosecutions for simple and extreme driving under the influence (DUIs) offenses to be commenced within two years after actual discovery of the offense if the offense involves a collision that resulted in bodily injury or death.
Background
Statute requires prosecutions for certain offenses to be commenced within prescribed periods of time after actual discovery by the state or the political subdivision having jurisdiction of the offense, or after discovery that should have occurred with the exercise of reasonable diligence, whichever occurs first. The time limitations to commence prosecutions are: 1) seven years for all felonies from class 2 through class 6; 2) one year for misdemeanors; and 3) six months for petty offenses. Certain offenses, including homicide, sexual offenses that are class 2 felonies and felonies involving falsification of public records, have no time limitations on commencing prosecution. A moving violation that causes serious physical injury or death has a specific time limitation of two years (A.R.S. § 28-672).
A person commits
a simple DUI offense if the person has an alcohol concentration of 0.08 or more
within two hours of driving or being in actual physical control of a vehicle,
or by operating a vehicle under the influence of drugs or a combination of
drugs and alcohol as specified. A person commits an extreme DUI if the person
has an alcohol concentration between 0.15 and 0.20, or 0.20 or more, within two
hours of driving or being in actual physical control of a vehicle (A.R.S.
§ 28-1381
and 28-1382).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires prosecutions for simple and extreme DUIs involving a collision that results in bodily injury or death as identified in a written accident report to be commenced within two years after actual discovery of the offense by the state or political subdivision having jurisdiction of the offense, or after discovery that should have occurred with the exercise of reasonable diligence, whichever occurs first.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Specifies that a prosecution for a DUI violation must be commenced within two years of actual discovery of the offense if the offense involved a collision that resulted in bodily injury or death as identified in a written accident report.
Senate Action
JUD 2/9/23 DP 5-2-0
Prepared by Senate Research
February 28, 2023
ZD/sr