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Understanding DUI in Arizona

The DUI laws in Arizona prohibit any person to drive or in control of any vehicle if they are under the influence of liquor or drugs. Upon getting your driver’s license, you allow the authorities to test for blood alcohol content or drug content (BADC) if you get pulled over for drunk-driving or arrested for DUI (driving under the influence of intoxicating liquor or drugs). This is also called the Implied Consent Law.

Implied Consent Law in Arizona

This law requires every driver arrested for DUI or pulled over for reasonable doubt of impaired driving to submit a blood test or breathalyzer (breath test). If you refuse to submit to the field sobriety test, your license may be revoked in the following periods:

  • License revocation of 1 year for the first offense
  • License revocation of 2 years for 2nd and subsequent offenses

Past DUI charges, failed BAC level tests, and refusals within 7 years count as a basis for determining second or subsequent refusal.

DUI Laws

DUI in ArizonaAny motorist is prohibited from driving a motor vehicle if:

  • They have a blood alcohol content (BAC) of 0.08% or higher
  • They are under the influence of drugs
  • The driver is intoxicated and impaired to the slightest degree

There is a “not-a-drop law” in Arizona that makes it unlawful for drivers under the age of 21 or “baby DUI” to have any detectable alcohol in their system.

There is also a law where you can get a DUI arrest without actually operating a car when you have “actual physical control” of a vehicle while under the influence or with a BAC limit of 0.08% or higher. The rationale behind this is to prevent driving drunk that may lead to vehicular accidents or reckless driving.

DUI Penalties

There are mandatory jail sentences and 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 in Arizona

Impaired or Per Se DUI (BAC of .08 to .149%) Extreme DUI (BAC of .15 to .199%) Super Extreme DUI (BAC of at least .20%)
Jail Time Minimum of 10 days (24 hours may be suspended if alcohol screening is completed) Minimum of 30 days (9 days may be suspended if the driver installs an ignition interlock device (IID)) Mandatory minimum of 45 consecutive days (14 days may be suspended if the driver installs an IID)
Fine Minimum of $1,480 Minimum of $3,000 Minimum of $3,250
Suspended License At least 90 days
Ignition Interlock Device (IID) 1-year mandatory

For second and third DUIs

Impaired or Per Se DUI Extreme DUI Super Extreme DUI
Jail Minimum of 90 days (30 days served consecutively and 30 may be suspended after completion of drug screening and treatment) Minimum of 120 days (60 served consecutively) Minimum of 180 days (90 served consecutively)
Fine Minimum of $3,000 Minimum of $3,250 Minimum of $4,250
License Suspension Minimum of 1 year (but may be eligible for a restricted license after 45 days if IID is installed)
Ignition Interlock Device (IID) 1-year mandatory

There are harsher penalties in Arizona for DUI offenders and a third DUI within 7 years becomes a felony that carries prison time of at least 4 months, 2 years of IID requirement, and more than $4,000 fine.

Certified Ignition Interlock Device

The ignition interlock in Arizona is a device or an instrument that acts as a breath control test. The driver will need to blow into the device before starting the vehicle and if the BAC level is above the certain limit, the vehicle won’t start.

Aggravated DUI

This kind of DUI is applicable to people who commit DUI while the license is revoked or suspended, commit a DUI within 7 years, commit DUI while a minor or minors below 15 is in the motor-vehicle (child endangerment), or refuse to submit a BAC test while under the IID requirement.

It is punishable with prison time of not more than 2 years, a revoked license for 1 year, and other penalties required by law. They are also mandated to do community service, finish an alcohol treatment, screening and education, and to put an IID.

Are you charged with a DUI case?

If you are facing DUI charges, availing the services of a DUI lawyer will be very helpful to you. Getting defense lawyers or legal counsels enables you to have a list of options available to you as well as a better defense in DUI courts. DUI trials will most likely be a few months away upon charges and most of the time, it involves other offenses such as speeding, reckless driving, endangerment, and other violations that may lead to criminal convictions. If you, your friends, or family are facing DUI arrests or charges, our experienced DUI attorneys at The Law Office of Howard A. Snader, LLC will help you in every way possible. Call us now for a free legal consultation.

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