Arizona House bill by Rep. Martinez clarifies DUI offenses and penalties passes both chambers

Passed bill authored by State Rep. Teresa Martinez seeks to update Arizona DUI statutes by defining illegal blood alcohol levels and establishing penalties to address repeat offenses and promote public safety, according to the Arizona State House.

It passed both chambers as of May 7, clearing the House by a vote of 46-12 and the Senate by a vote of 18-10.

The bill, introduced as HB2728 on Feb. 3, during the first regular session of the 57th Legislature, was formally listed with the short title: ‘DUI; alternative treatment’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends Arizona Revised Statutes section 28-1381, detailing offenses and penalties related to driving under the influence (DUI). It defines illegal circumstances, including driving with an alcohol concentration of 0.08 or more, or 0.04 for commercial or for-hire vehicles. Individuals convicted of DUI face class 1 misdemeanor charges and penalties such as a minimum ten-day jail sentence, fines starting at $250, and additional assessments for state funds. Convictions may also require community restitution, installation of an ignition interlock device, and completion of a traffic survival course. Judges may reduce sentences for participation in court-ordered alcohol or drug treatment programs. Repeat offenders face harsher penalties, including longer jail time and fines, with provisions to equip vehicles with ignition interlock devices for extended periods and potential revocation of driving privileges.

In the House, 13 Democrats and 33 Republicans voted in favor while 12 Democrats opposed it.

Meanwhile, in the Senate, one Democrat and 17 Republicans voted in favor while 10 Democrats voted against it.

Martinez introduced the bill in the Arizona House on Feb. 3 during the first regular session of the 57th Legislature.

Teresa Martinez is currently serving in the Arizona State House, representing the state’s 16th House District. She replaced previous state representative John Fillmore in 2023.

The bill was signed into law by Gov. Katie Hobbs on May 13.

In Arizona, the legislative process begins when a bill is introduced in either the House of Representatives or the Senate. It is then assigned to one or more committees for discussion and possible amendment. If approved by committee, the bill proceeds to floor debate and voting in both chambers. If both chambers pass the bill, it is sent to the governor, who may sign it into law, veto it, or allow it to become law without a signature. The Arizona Legislature convenes annually in regular session starting the second Monday in January. Lawmakers introduce hundreds of bills each session, though only a portion make it into law. You can learn more about the legislative process on the Arizona State Legislature website.