The Arizona DUI Laws and Penalties


Overview of Arizona DUI Laws and Penalties

what are dui laws in arizona
In the state of Arizona, the term Driving Under the Influence is officially used. Nonetheless, some people use DUI and DWI or Driving While Intoxicated to mean drunk driving or drugged driving. 

In summary, Arizona DUI laws stipulate that it is illegal for any person to navigate, drive or be in actual physical control of any vehicle:

  • while under the influence of drugs or alcohol if the driver is impaired to the slightest degree
  • with a blood alcohol concentration (BAC) of .08% or more (for drivers 21 years old and above)
  • with a blood alcohol concentration (BAC) of more than .00% (for drivers below 21 years old)

Baby DUI

Commonly called “Baby DUI,” Arizona laws do not allow drivers below the age of 21 to operate a vehicle with any detectable amount of alcohol in their system.

Arizona DUI Laws

According to the Arizona Department of Public Safety, the following are the Arizona Statutes related to DUIs:

  • Title 4-241 – Selling, trading, and giving alcohol to an underage individual; getting liquor through illegal means
  • Title 28-1381 – Driving Under the Influence with a Blood Alcohol Concentration (BAC) of .08 or more
  • Title 28-1382 – Driving Under the Influence with a Blood Alcohol Concentration (BAC) of .15 or more (Extreme DUI)
  • Title 28-1383 – Aggravated Driving Under the Influence (DUI)

If you face charges under the Arizona DUI laws, your best course of action is to have a DUI attorney in Arizona who has the expertise and the experience in dealing with such cases. The Snader Law Group in Phoenix, Arizona, specializes in criminal defense cases such as DUIs.

Implied Consent Law

In the Implied Consent Law, getting a driver’s license in Arizona also means that the person allows the State to test for blood alcohol concentration or drug content (BADC) when they are apprehended for driving while under the influence of alcohol or drugs.

Should law enforcement officials suspect that you have been driving under the influence, the officer will call for your submission to a BADC test to calculate the amount of alcohol or drugs in your bloodstream. This BADC test would require blood, breath, urine, or other bodily substance samples.

DUI Under Title 28-1381 

If you are 21-years-old or older, you can be charged with DUI if your BAC is above .08%. If it’s a commercial vehicle, the BAC should not be more than .04%. If the driver is under 21 years of age, then BAC should be at 0.00%. 

When a law enforcement officer pulls you over because of their suspicions that you are under the influence of alcohol or drugs, the officer will conduct field sobriety testing. 

Field Sobriety Tests

Field Sobriety Tests are groups of tests utilized by the police to check if a driver is impaired. The three tasks check out the driver’s balance, coordination, and ability to divide his attention into more than one task.

A chemical test will be conducted should the police suspect that the driver is driving under the influence. Here, the Implied Consent Law will apply. Refusing the driver to undergo the chemical test may lead to the suspension of their driver’s license for a year for the first offense and two years for the second or third offense.

Penalties for DUI under Title 28-1381 

  • First offense – Jail time of not less than ten days and fine of not less than $1250. The offender is also mandated to perform community service and undergo alcohol screening and responsible drinking education or alcohol dependency treatment. The installation of a certified ignition interlock device is also required for any vehicle driven by the offender.
  • Second and subsequent offenses: Jail time of not less than 90 days and a fine of not less than $3,000. The driver’s license of the offender will be suspended for a year. The offender is also mandated to perform community service and undergo alcohol screening and responsible drinking education or alcohol dependency treatment. The installation of a certified ignition interlock device is also required for any vehicle driven by the offender.

What is A Certified Ignition Lock Device?

If convicted with a DUI, the installation of a certified ignition interlock device is required. This is a breath alcohol testing instrument connected to the vehicle’s ignition and power system. Before turning on the ignition, the driver will need to blow into the device. The car will not start if the driver’s alcohol level is above what is mandated. Moreover, the driver is also required to blow into the device at random intervals while driving.

Penalties for Extreme DUI under Title 28-1382

This type of DUI charge is for drivers with .15 BAC or higher.

  • First offense: Jail time of not less than 30 days and a fine of not less than $2,500. For extreme DUI charges, the driver is not eligible for probation. The offender is also mandated to perform community service and undergo alcohol screening and responsible drinking education or alcohol dependency treatment. The installation of a certified ignition interlock device is also required for any vehicle driven by the offender.
  • Second and subsequent offenses: Jail time of not less than 120 days and a fine of $3,250. The driver’s license will be suspended for a year. The offender is also mandated to perform community service and undergo alcohol screening and responsible drinking education or alcohol dependency treatment. The installation of a certified ignition interlock device is also required for any vehicle driven by the offender.

Penalties for Aggravated DUI under Title 28-1383

This type of DUI charge is for drivers who:

  • commit a DUI with a suspended, revoked, or canceled driver’s license
  • commit a third DUI within 84 months
  • commit a DUI with a passenger under the age of 15
  • commit a DUI or refuse to a BAC test while under the ignition interlock device requirement

The penalties for aggravated DUI include jail time of not more than two years on top of any other penalties stipulated by Arizona laws. The driver’s license will also be suspended for 12 months. The offender is also mandated to perform community service and undergo alcohol screening and responsible drinking education or alcohol dependency treatment. The installation of a certified ignition interlock device is also required for any vehicle driven by the offender.

Consulting a Phoenix Criminal Defense Lawyer

A reliable DUI attorney will consider some factors in the DUI case as circumstances are different for every case.

Phoenix DUI lawyer Howard Snader has a track record of protecting individuals from incurring the maximum penalties for DUI charges. If you or someone you know is arrested for DUI, contact Snader Law Group immediately.

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