Assigned to MAPS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1675
prior felony conviction; aggravated DUI
Purpose
Allows an aggravated driving under the influence (DUI) offense that was committed within
five years immediately preceding the date of the present offense to be alleged as a historical prior
felony conviction, even if the present offense is not also an aggravated DUI offense.
Background
A historical prior felony conviction remains on a person's criminal record for a specified
period of time and may subject a person to enhanced sentencing for a subsequent felony offense.
Historical prior felony convictions that remain on a person's criminal record forever include: 1) a
felony that mandated a term of imprisonment, except for drug offenses involving an amount below
specified thresholds; 2) a dangerous offense; 3) illegal control of criminal enterprise; 4) any
dangerous crimes against children; and 5) an aggravated DUI, except that an aggravated DUI can
only be alleged as a historical prior felony if the current offense is also an aggravated DUI.
Historical prior felony convictions also include: 1) any class 2 or 3 felony, other than those
previously listed, that was committed within 10 years immediately preceding the date of the
present offense; and 2) any class 4, 5 or 6 felony conviction that was committed within 5 years
immediately preceding the date of the present offense (A.R.S. § 13-105).
A person commits aggravated DUI by committing a DUI or extreme DUI: 1) while the
person's driver license or privilege to drive is suspended, cancelled, revoked or refused or while a
restriction is placed on the person's driver license; 2) within a period of 84 months of another DUI
or extreme DUI offense; 3) while a person under 15 years old is in the vehicle; 4) while the person
is ordered to equip a certified ignition interlock device; or 5) while driving the wrong way on a
highway (A.R.S. § 28-1383).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows an aggravated DUI offense that was committed within five years immediately
preceding the date of the present offense to be alleged as a historical prior felony conviction,
even if the present offense is not also an aggravated DUI offense.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
ZD/cs