Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1085
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.
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 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.
Prepared by Senate Research
January 31, 2023
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