ARIZONA STATE SENATE

Forty-seventh Legislature, First Regular Session 

REVISED

FACT SHEET FOR S.B. 1160 

DUI assessments; DPS equipment; bonuses 

Purpose 

            Creates the Department of Public Safety Equipment and Bonus Fund (Fund) to receive monies from assessments charged to individuals found guilty of operating boats, vehicles or aircrafts while intoxicated. 

Background 

            In Arizona, there are several degrees of driving under the influence (DUI) violations.  A simple DUI violation occurs if a person with a blood alcohol concentration (BAC) between 0.08 and 0.14 is caught driving a vehicle.  If convicted of a DUI violation, a person is subject to mandatory jail sentence, fines and assessments and, at the court’s discretion, community service.  A second DUI violation within five years of any other DUI violation results in a mandatory jail sentence, fines and assessments, revocation of driving privileges for one year with an ignition interlock device installed on the person’s automobile after driving privileges are restored and, at the court’s discretion, community service. 

            The penalties for operating a motorized boat, vehicle or aircraft while under the influence of drugs or alcohol vary depending on past convictions for the same offense or level of intoxication.  A person is considered under the influence of alcohol when operating a motorized boat or vehicle if the person’s BAC is .08 or above.  If a person is operating a motorized boat or vehicle for commercial purposes or is operating an aircraft, the person is considered under the influence of alcohol with a BAC of .04.  A person is considered under the extreme influence of alcohol if the person’s BAC is .15 or greater.  A person is guilty of aggravated boating while intoxicated or aggravated driving under the influence if the person commits a third violation or, in the case of driving, commits a DUI while the person’s license is suspended for another DUI. 

            Currently fines for operating a motorized boat, vehicle or aircraft while under the influence of drugs or alcohol range from $250 to $750 while assessments for the same convictions range from $500 to $1,500.  In FY 2002, there were 27,442 DUI convictions statewide, with just over two-thirds of those offenders paying their fines. 

            According to a Joint Legislative Budget Committee (JLBC) fiscal note, S.B. 1160 will increase DUI assessment revenues by $7.2 million to $14.4 million annually.  The upper end of the range assumes no change in DUI offender payment rates.  JLBC estimates that a reduction in the current collection rate is likely, given that revenues from the most recent increase in DUI assessments have not met projections. 

Provisions 

1.      Establishes the Department of Public Safety Equipment and Bonus Fund (Fund) consisting of monies received from DUI assessments and used for: a) flak jackets for officers; b) stun guns for officers; and c) bonuses for employees. 

2.      Exempts the appropriations in the Fund from lapsing. 

3.      Prescribes $500 assessments to be paid to the Fund for persons:

a)      guilty of operating a motorized boat while intoxicated, first offense.

b)      guilty of driving under the influence of drugs or alcohol, first offense.

c)      guilty of operating an aircraft while under the influence of drugs or alcohol, first offense.

d)      guilty of refusing to submit to an alcohol or drug test after being arrested on suspicion of boating while under the influence.

e)      sentenced to alternative sentencing measures for the person’s first violation of operating an aircraft while under the influence. 

4.      Prescribes $1,000 assessments to be paid to the Fund for persons guilty of:

a)      operating a motorized boat while extremely intoxicated.

b)      driving under the extreme influence of drugs or alcohol. 

5.      Prescribes $1,250 assessments to be paid to the Fund for persons guilty of:

a)      operating a motorized boat while intoxicated, second offense.

b)      driving under the influence of drugs or alcohol, second offense.

c)      operating an aircraft while under the influence of drugs or alcohol, second offense.

d)      operating a motorized boat while extremely intoxicated, second offense.

e)      driving under the extreme influence of drugs or alcohol, second offense. 

6.      Prescribes $1,500 assessments to be paid to the Fund for persons guilty of:

a)      aggravated operating of a motorized boat while intoxicated.

b)      aggravated driving under the influence.

c)      aggravated operating of an aircraft while under the influence. 

7.      Specifies that none of the assessments mentioned above is subject to surcharge. 

8.      Makes technical and conforming changes. 

9.      Becomes effective on the general effective date. 

Revision 

·      Updates fiscal impact information. 

Prepared by Senate Research

February 18, 2005

JLE/JE/jas