Basics of Arizona DUI Laws


DWI (driving while intoxicated) or DUI (driving under the influence) is unlawful in Arizona and any other state due to the dangers and damage that can be caused by a reckless driver who has impaired senses, is drunk, or under the influence of an illegal controlled substance. Being charged with a DUI does not require the drunk driver to be on the act of driving, you can have DUI charges even when the motor vehicle is parked or if you are in physical control of the Arizona motor vehicle such as when you are asleep, but your keys are in the ignition, or your headlights are on.

Furthermore, DWI laws in Arizona prohibit minors 21 years old and below to have a blood alcohol content (BAC level) of any level. For adults, the blood alcohol concentration or BAC limit is 0.08% blood alcohol level. Because of the intricacies involving DUI charges,  it is best to consult a law firm in Phoenix which specializes in DUI defense. 

Arizona Marijuana Laws

The State of Arizona has legalized marijuana for recreational use and medicinal use. However, the legalization of marijuana is subject to restrictions of marijuana law. The legal limit of acquiring possession of marijuana being 21 years old is one example of marijuana prohibition. Consult a DUI defense attorney for the specific details regarding this state law.

Driving as a Medical-Marijuana Patient in Arizona

Arizona DUI LawsEven if Arizona legalized marijuana, according to driving laws, marijuana use prohibits a motorist to drive regardless of if you are allowed to use it or not. If the offender is pulled over by the police because they have reasonable suspicion to believe that you are violating the DUI laws, you cannot use the defense of being a marijuana medical patient. The authorities can still subject you to do the blood test, breath test (breathalyzer), or field sobriety test which you cannot refuse due to the implied consent law.

What are the Penalties for Marijuana DUI/DWI Offenses?

There is a mandatory jail sentence as well as fines in Arizona for DUI convictions. The penalties depend on the person’s BAC and their prior convictions. The possible sentences are:

For a first offense DUI:

  • Jail time of up to 45 days
  • Fines
  • License suspension of at least 3 months
  • Ignition Interlock Device for 1 year

For second and third offenses:

  • Imprisonment of at least 6 months
  • Fines
  • Suspension of the driver license of up to 2 years
  • Ignition Interlock Device for 1 year

Aggravated DUI in Arizona

DUI would have harsher penalties if the offense committed is considered as aggravated. Such circumstances include:

  • Repeat offender or had prior offenses
  • Child endangerment or there is a minor inside the vehicle at the time of DUI arrest.
  • Driving while the driver’s license is suspended.
  • Arrested for DUI while driving a school bus or is a commercial driver.
  • Impairment or negligent driving due to DUI caused death, injury, or property damage.
  • The drug or alcohol content is significantly above the alcohol or drug level (extreme DUI).

Are you Facing a DUI case in Arizona?

If you are charged with DUI and afterward convicted, the Phoenix DMV will keep it in your driving record. Hence, having experienced Phoenix DUI attorneys to help you is very beneficial. Getting legal counsel or defense lawyers gives you a better fighting chance in DUI courts. DUI trials often happen fast involving other criminal charges such as reckless driving and speeding. If you, your friends, or your family are experiencing DUI charges or arrests, we, at Snader Law Group, will help you in every way possible. Call us now for a free legal consultation.

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