New Arizona Law Sets a Limit for How Intoxicated Rideshare Drivers Can

Suppose that, after a night out drinking, you and your friends decide to make a sensible decision and order an Uber to take your group back home. The next thing you know, the car has been pulled over and your driver is being arrested. You are shocked and confused because the last thing that you’d expect is getting in an Uber where the driver is equally as intoxicated as its passengers.

This scenario reflects a handful of cases in the Old Town Scottsdale area. With a large number of bars and restaurants, transportation and rideshare apps, such as Uber and Lyft, are regularly used.
It was discovered in the area that there were cases where drivers were working and operating their vehicles while under the influence.

As a result, the Scottsdale Prosecutor’s Office reported the problem to Arizona State Sen. John Kavanagh (R) , to whom introduced and sponsored Senate Bill 1025. SB 1025 raises the blood alcohol concentration level limit for commercial drivers from 0.08 to 0.04.

On April 8, 2024, the bill passed and was made into law. Kavanagh and the Scottsdale Prosecutor’s Office found that the rideshare drivers’ blood alcohol concentration levels were above 0.04, but not yet at 0.08, which is the legal limit in Arizona. According to the senator, the bill “closed a loophole” in the driving while intoxicated law.

“They [rideshare drivers] were being held to the standard of ordinary drivers, where drunk driving begins at 0.08 blood alcohol content,” Sen. John Kavanagh said.

The new law brings rideshare drivers in line with commercial vehicle drivers who are subjected to those limits.

Gary Marrufo has been driving for Uber for almost two years now. In light of the new law, he expressed his concern for the standard of which rideshare drivers were previously being held to.

“I feel it’s allowing drivers permission to drink and drive. Most of them are already horrible drivers,” Marrufo said.

Additionally, the use of rideshare apps is common for college students. In a study conducted by the National Institution of Health that compared the usage of transportation networking companies between two large state universities, studies found that 76.8% of students surveyed utilized a TNC after alcohol or drug use.

Arizona State University student Daisy Martinez frequently utilizes rideshare apps throughout her week. It is her method of transportation between school, work, and social events due to a lack of car. She said that she is anxious to see how this new law will work to limit the amount of intoxicated commercial drivers on the road.

“I feel that if it is within my control, I will use rideshare apps less,” Martinez said. “However, these apps are used because it is the last option, either because it's late at night or distance. In these cases, it can be difficult to find an alternative mode of transportation.”

With rideshare transportation now widespread and growing in the Valley, Kavanagh said it was long overdue that rideshare drivers follow the same standards as commercial vehicle operators.

“If you pull any cab, including Uber or Lyft, either for yourself or to transport your children, you should have the expectation that they’re not halfway to being drunk,” Sen. John Kavanagh said.