alcohol offenses; 0.08
alcohol concentration
dpa |
Committee on Transportation |
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dp |
Caucus and COW |
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As Transmitted to the Governor |
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Senate Bill 1089 establishes 0.08 Blood Alcohol Concentration as the per se 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 per se 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. SB 1089 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. According to the Governor’s Office of Highway Safety and JLBC, if this bill is effective by July 15, 2001, Arizona may receive additional incentive monies of between $1.7 million and $2 million per year until FY 2003. Arizona’s share of the grant depends on the number of states enacting the 0.08 standard by the end of FY02 and FY03.