Arizona Revised Statutes

Ariz. Rev. Stat. § 28-1304 (2026)

Driving under the influence abatement fund

✓ current as of May 2026

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A. The driving under the influence abatement fund is established consisting of monies deposited pursuant to section 4-213, subsection J, section 5-396, subsection I, paragraph 2, section 5-397, subsection D, paragraph 3 and subsection F, paragraph 3, section 28-1382, subsection D, paragraph 3 and subsection E, paragraph 3, section 28-1383, subsection J, paragraph 2 and section 28-1465.

B. The oversight council on driving or operating under the influence abatement established by section 28-1303 shall administer the fund.

C. Twenty-five per cent of the monies deposited in the fund shall be used for grants for innovative programs pursuant to section 28-1303, subsection H, paragraph 2 and seventy per cent of the monies deposited in the fund shall be used for grants to political subdivisions and tribal governments pursuant to section 28-1303, subsection H, paragraph 1.

D. Not more than five per cent of the monies deposited in the fund shall be used for both of the following:

1. Administrative purposes of the oversight council on driving or operating under the influence abatement.

2. Payment of the costs of notification prescribed by section 28-1467.

E. Monies in the fund are:

1. Continuously appropriated.

2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

F. On notice from the oversight council on driving or operating under the influence abatement, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investments shall be credited to the fund.

Notes of Decisions

Cited in 2 cases, 1959–2013 · leading case: State v. McDonagh, 304 P.3d 212 (Ariz. Ct. App. 2013).

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State v. McDonagh, 304 P.3d 212 (Ariz. Ct. App. 2013). · cites it 2× “§ 28 — 1383(J)(2), (4)-(5); see also A.R.S. § 28-1304 (DUI Abatement Fund); A.”

Killingsworth v. West Way Motors, Inc., 347 P.2d 1098 (Ariz. 1959). · cites it 10× “The defendant denied said application, and plaintiff, pursuant to A.R.S. § 28-1304, subd. E made application for a hearing which was granted and thereafter defendant again denied said application, and as required by said statute made findings of fact and conclusions of law in…”

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