SB 1085
Initials JL Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: JUD DP 5-2-0-0 | 3
rd
Read DPA 18-11-1-0-0
House: JUD DP 5-3-0-0-0-0
SB 1085: time limitation; DUI prosecutions
Sponsor: Senator Kavanagh, LD 3
House Engrossed
Overview
Requires prosecutions for driving under the influence (DUI) or extreme DUI offenses involving a
collision that resulted in serious physical injury or death to be commenced within two years after
the date that the prosecuting agency either actually discovers the offense, or should have actually
discovered the offense with reasonable diligence, whichever occurs first.
History
Statutes of Limitations for Criminal Prosecutions
While certain offenses, such as homicide or conspiracy to commit homicide, among others, entail
no statute of limitations and may be prosecuted at any time, the criminal code limits the time in
which the state may commence a prosecution for other offenses as follows:
1) For a class 2 through 6 felony, seven years, and for class 6 felonies, without regard to
whether the offense is ultimately designated a misdemeanor;
2) For a misdemeanor, one year; and
3) For a petty offense, six months.
For these purposes, a prosecution is commenced when the state files a charging document (i.e.,
an indictment, information or complaint). If a charging document is filed before the limitation period
and is dismissed for any reasons, a new prosecution may be commenced within six months after
the dismissal becomes final, even if the limitation period has expired at the time of the dismissal
or will expire within six months of the dismissal. The period of limitation does not run:
1) During any time when the accused is absent from Arizona or has no reasonably
ascertainable place of abode within Arizona; or
2) For a serious offense as defined in A.R.S. § 13-706, during any time when the identity of
the person who commits the offense or offenses is unknown (A.R.S. § 13-107).
Furthermore, the state must commence a prosecution for causing serious physical injury or death
by moving violation within two years after actual discovery of the offense, or the date that actual
discovery should have occurred with the exercise of reasonable diligence, whichever occurs first
(A.R.S. § 28-672).
DUI Offenses
A person commits DUI, a class 1 misdemeanor offense, by driving or being in actual physical
control of a vehicle in Arizona under any of the following circumstances:
1) While under the influence of intoxicating liquor, any drug (regardless of whether the person
is or has been entitled to use the drug under Arizona law), a vapor releasing substance
containing a toxic substance or any combination of liquor, drugs or vapor releasing
substances if the person is impaired to the slightest degree;
2) If the person has an alcohol concentration of 0.08 or more within two hours of driving or
being in actual physical control of the vehicle and the alcohol concentration results from SB 1085
Initials JL Page 2 House Engrossed
alcohol consumed either before or while driving or being in actual physical control of the
vehicle;
3) While there is any drug defined in A.R.S. § 13-3401 or its metabolite in the person's body,
except if the person is using a drug as prescribed by a medical practitioner who is licensed
pursuant to A.R.S. Title 32
and who is authorized to prescribe the drug; or
4) If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial
driver license as defined in A.R.S. § 28-3001 and the person has an alcohol concentration
of 0.04 or more (A.R.S. § 28-1381).
A person commits extreme DUI, also a class 1 misdemeanor, by driving or being in actual physical
control of a vehicle in Arizona and the person has an alcohol concentration as follows within two
hours of driving or being in actual physical control of the vehicle and the alcohol concentrations
results from alcohol consumed either before or while driving or being in actual physical control
over the vehicle:
1) 0.15 or more but less than 0.20; or
2) 0.20 or more (A.R.S. § 28-1382).
Statute requires a law enforcement officer of public employee who, in the regular course of duty,
investigates a motor vehicle accident resulting in bodily injury, death or damage to the property
of any person in excess of $2,000 or the issuance of a citation to complete a written report of the
accident as follows:
1) Either at the time of and at the scene of the accident or after the accident by interviewing
participants or witnesses; or
2) Within 24 hours of completing the investigation (A.R.S. § 28-667).
Provisions
1. Requires that a prosecution for DUI or extreme DUI involving a collision that resulted in serious
physical injury or death, as identified in a written accident report completed pursuant to A.R.S.
§ 28-667, be commenced within two years after one of the following dates, whichever occurs
first:
a) The time that the state or political subdivision actually discovers the offense; or
b) The time that the state or political subdivision should have actually discovered the offense
with the exercise of reasonable diligence. (Sec. 2, 3)
2. Makes conforming changes. (Sec. 1, 3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note