DUI; 0.08
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Committee on Transportation |
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Caucus and COW |
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As Passed the House |
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House Bill 2485 establishes 0.08 Blood Alcohol Concentration as the presumptive limit at which a person is guilty of operating a motor vehicle under the influence of intoxicating liquor.
Laws 1972, Chapter 1 reduced the presumptive limit at which a person is guilty of operating a vehicle while under the influence of intoxicating liquor from 0.15 BAC to 0.10 BAC. In addition, the legislature included an intent clause in this act stating that its intention was to conform to the recommendation of the National Safety Council. In 2000, Congress established a national standard of 0.08 BAC as the presumptive limit at which a person is guilty of operating a motor vehicle while intoxicated, and mandated sanctions against states that do not adopt the 0.08 standard into law. States that are in non-compliance will lose a portion of their federal highway funds each year, beginning in FY 2004. States that comply by the end of 2007 will have their funds restored to the state’s apportionment. HB 2473 brings Arizona into compliance with the federal requirement.
The preliminary estimated financial impact of these sanctions on the State of Arizona is as follows:
Fiscal Year Penalties
2% in 2004 $ 6,858,820
4% in 2005 $13,717,641
6% in 2006 $20,576,461
8% in 2007 $27,435,282
Total $68,588,204
Source: National Conference of State
Legislatures
The federal funds affected would include monies issued for interstate maintenance, surface transportation and National Highway System needs. Federal transportation monies are distributed on a reimbursement basis; state monies are originally expended for transportation projects and are then reimbursed by the federal government. Depending on the geographic location of such projects, Arizona’s state highway fund and the regional area road fund may be negatively impacted.