ARIZONA STATE SENATE
Phoenix, Arizona
alcohol offenses; 0.08
alcohol concentration. . .
Purpose
Lowers the legal level of
intoxication allowable while operating a motor vehicle from 0.10 to 0.08 blood
alcohol concentration (BAC).
Background
In 2000, Congress and the
President agreed to a national .08 percent BAC standard for drunk driving and
established sanctions against states that do not abide by the mandate. The legislation withholds federal highway
funds from states that fail to adopt a BAC standard of 0.08 by FY 2004. States that do not adopt this standard will
lose a portion of their highway funds each year, beginning in FY 2004. If states come into compliance by the end of
2007, funds withheld by sanction are restored to the state’s
apportionment. S.B. 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.
Depending on the geographic location of such projects, Arizona’s state
highway fund and the regional area road fund may be negatively impacted.
The exact fiscal impact of
this legislation is undetermined.
Provisions
1. Lowers the required BAC from .10 to .08 for consideration as driving under the influence.
2. Makes a technical change.
3. Provides for a general effective date.
Prepared by Senate Staff
January 18, 2001