Assigned to JUD                                                                                                            AS PASSED BY HOUSE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1025

 

transportation network drivers; DUI

Purpose

Makes it unlawful for a person to drive or be in actual physical control of a vehicle with a blood alcohol concentration of 0.04 or more while the person is operating a vehicle for hire or providing transportation network company services as a transportation network company driver.

Background

A person commits DUI while driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, vapor releasing substances containing toxic substances, or any combination of these substances, while the person is impaired to the slightest degree. A person also commits DUI if they have an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of a vehicle. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license to operate, the person commits DUI by having a blood alcohol concentration of 0.04 or more.

In a trial, action or proceeding for a DUI or aggravated DUI violation, except if the violation involved the operation of a commercial vehicle, a defendant's blood alcohol concentration within two hours of the time of driving, as shown by an analysis, gives rise to certain presumptions. If a defendant's blood alcohol concentration is 0.05 or less within two hours of driving, it may be presumed that the defendant was not under the influence. If blood alcohol concentration is measured between 0.05 and 0.08 within two hours of driving, that fact does not give rise to a DUI presumption itself, but it can be considered with other competent evidence in determining guilt or innocence (A.R.S. § 28-1381).

Transportation network company services is defined as the transportation of a passenger between points chosen by the passenger and arranged with a transportation network company driver through the use of a transportation network company's digital network or software application, beginning when a transportation network company driver accepts a request for transportation network services received through the transportation network company's digital network or software application, continuing while the transportation network company driver provides transportation network services in a transportation network company vehicle, and ending when the passenger exits the transportation network company vehicle or when the trip is canceled (A.R.S. § 28-9551).

A vehicle for hire is defined as a taxi, livery vehicle or a limousine (A.R.S. § 28-9501).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Makes it unlawful for a person to drive or be in actual physical control of a vehicle with a blood alcohol concentration of 0.04 or more while the person is operating a vehicle for hire or providing transportation network company services as a transportation network company driver.

2.   Stipulates that transportation network company drivers are not subject to the presumptions that arise from an analysis of blood alcohol concentration within two hours of the time of driving or being in actual physical control of a vehicle.

3.   Requires information provided to drivers during implied consent DUI tests to include the 0.04 blood alcohol concentration threshold for vehicles for hire and transportation network company drivers.

4.   Requires an administrative license suspension report to include, if applicable, whether test results indicate that the driver was at or over 0.04 blood alcohol concentration and was driving a vehicle for hire or providing transportation network company services.

5.   Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Adds drivers operating vehicles for hire, which include taxis, livery vehicles and limousines, to the 0.04 DUI threshold.

 

Amendments Adopted by the House of Representatives

 

1.   Requires information provided to drivers during implied consent DUI tests to include the 0.04 blood alcohol concentration threshold for vehicles for hire and transportation network company drivers.

2.   Requires an administrative license suspension report to include, if applicable, whether test results indicate that the driver was at or over 0.04 blood alcohol concentration and was driving a vehicle for hire or providing transportation network company services.

Senate Action                                                           House Action

JUD                 2/1/24        DPA/SE    6-1-0            MAPS             3/11/24      DPA       12-0-0-3

3rd Read          2/15/24                        26-0-4          3rd Read           3/25/24                     51-6-2-0-1

Prepared by Senate Research

March 25, 2024

ZD/cs