Driving Under the Influence (DUI) is a serious offense in Arizona, with some of the toughest DUI laws in the country. Understanding the various statutes that govern DUI offenses is essential, whether you’re a resident or just passing through. This blog will break down the critical Arizona DUI statutes, outline the penalties, and discuss what you can expect if charged with a DUI in the state.
Overview of Arizona DUI Laws
Arizona’s DUI laws are primarily found in Arizona Revised Statutes (A.R.S.) Title 28, Chapter 4, which addresses offenses related to impaired driving. The laws are strict and impose harsh penalties on offenders. In Arizona, you can be charged with DUI under the following conditions:
- Standard DUI: You are found driving with a Blood Alcohol Content (BAC) of 0.08% or higher (or 0.04% for commercial vehicle drivers).
- Extreme DUI: Driving with a BAC of 0.15% or higher.
- Super Extreme DUI: Operating a vehicle with a BAC of 0.20% or higher.
- Drug DUI: Driving while impaired by drugs (legal or illegal substances).
Arizona also enforces a zero-tolerance policy for drivers under the age of 21. This means that any detectable alcohol in the bloodstream can result in a DUI charge for minors.
Key Arizona DUI Statutes
Here are the primary DUI-related statutes in Arizona:
- A.R.S. § 28-1381 – DUI and DWI Laws
This is the general DUI statute in Arizona. It states that it is illegal for anyone to drive or be in actual physical control of a vehicle if:- The person is under the influence of alcohol, drugs, or any combination thereof to the extent that they are impaired to the slightest degree.
- The person’s BAC is 0.08% or more within two hours of driving.
- The person is under the influence of any drug defined under Arizona law, whether or not it was prescribed.
- First-time offenders can face 10 days in jail, fines, community service, and a 90-day driver’s license suspension. Offenders may also be required to install an ignition interlock device (IID) on their vehicle.
- A.R.S. § 28-1382 – Extreme DUI
This statute covers Extreme DUI cases, where a person’s BAC is 0.15% or higher. The penalties for an Extreme DUI are significantly harsher than those for a standard DUI.Punishments:- First-time Extreme DUI offenders face a minimum of 30 days in jail, fines of up to $2,500, and a mandatory IID installation. Penalties increase substantially for subsequent offenses.
- A.R.S. § 28-1383 – Aggravated DUI
Aggravated DUI charges apply in more severe circumstances, such as:- Committing a DUI while your license is suspended, revoked, or canceled.
- Having two or more DUI convictions within 84 months.
- Driving under the influence with a minor (under 15 years of age) in the vehicle.
- Aggravated DUI is a Class 4 felony, punishable by up to 2.5 years in prison, extensive fines, and a three-year license revocation. Offenders must also use an IID for at least two years.
- A.R.S. § 28-1385 – Administrative License Suspension
This statute governs the automatic suspension of a driver’s license following a DUI arrest. If you are arrested for DUI in Arizona and either refuse a chemical test or fail one, your driver’s license will be suspended for at least 90 days.You may have the opportunity to request a hearing with the Arizona Department of Transportation (ADOT) to challenge the suspension, but this must be done promptly. - A.R.S. § 28-1461 – Ignition Interlock Devices (IID)
Arizona law mandates that anyone convicted of a DUI must install an IID in their vehicle. This device prevents the vehicle from starting unless the driver blows into it and registers a 0.00% BAC.Punishments:- The installation of an IID is required for 12 months or more depending on the DUI offense. The costs associated with the IID are the responsibility of the offender.
Penalties for DUI in Arizona
Arizona’s penalties for DUI vary depending on the offense and any aggravating factors, but they all carry significant consequences. Here’s a general breakdown of penalties:
- First DUI Offense: 10 days in jail (with the possibility of suspension of 9 days upon completion of a drug/alcohol program), fines and fees starting around $1,500, and up to 90 days license suspension.
- Second DUI Offense: Minimum 90 days in jail, fines exceeding $3,000, 1-year license revocation, and mandatory IID installation.
- Extreme DUI: Minimum 30 days in jail, hefty fines, and mandatory IID use.
- Aggravated DUI: Minimum 4 months in prison, up to $4,000 in fines, 3-year license revocation, and IID installation.
How Arizona’s DUI Laws Affect Your Driving Privileges
If you are convicted of DUI, your driving privileges will be severely affected. In most cases, you can expect an administrative license suspension immediately following your arrest. While you may be eligible for a restricted license after serving a portion of your suspension, you will likely need to install an IID in your vehicle.
Defending Against DUI Charges
Arizona DUI laws may be strict, but there are defense strategies that can be employed to challenge a DUI charge. Some common defenses include:
- Challenging the legality of the traffic stop: If the officer lacked probable cause to pull you over, the charges may be dismissed.
- Disputing the field sobriety tests: These tests can be unreliable, and various factors may affect their accuracy.
- Questioning the breathalyzer or blood test results: Improper calibration, administration, or a broken chain of custody can lead to inaccuracies.
Working with a knowledgeable DUI attorney who understands the intricacies of Arizona DUI statutes is crucial to building a strong defense.
Courts Handling DUI Cases in Arizona
DUI cases in Arizona are heard in either municipal courts for misdemeanor offenses or superior courts for felony DUI charges. Here’s an overview of some key courts in the state:
- Phoenix Municipal Court: Handles misdemeanor DUI cases for Phoenix residents.
- Goodyear Municipal Court: Handles DUI charges for drivers arrested in Goodyear.
- Maricopa County Superior Court: Handles felony DUI cases for the county.
It’s essential to understand which court will handle your case, as procedures and expectations can differ from one court to another.
Conclusion
Arizona’s DUI statutes are designed to punish and deter impaired driving, but facing DUI charges doesn’t have to mean an automatic conviction. By understanding the Arizona DUI statutes and working with a dedicated DUI defense team, you can protect your rights and fight for the best possible outcome.
If you or a loved one are facing DUI charges, contact Arizona DUI Pros LLC at (602) 922-3755 for a free consultation. We are here to defend you against DUI charges and help you navigate Arizona’s strict DUI laws.
