DUI Laws in Arizona
Arizona DUI laws are some of the strictest DUI laws in the United States, reflecting the state’s zero-tolerance stance on impaired driving. DUI laws in Arizona cover various levels of DUI offenses, with escalating penalties depending on factors such as blood alcohol concentration (BAC) and repeat offenses. Drunk Driving Defense provides a comprehensive explanation of Arizona’s DUI laws, including the legal definition of DUI in Arizona, penalties for violations, and unique aspects that set Arizona DUI laws apart from other states.
Legal Definition of DUI in Arizona
Under Arizona DUI law, DUI (Driving Under the Influence) is defined under Arizona Revised Statutes (A.R.S.) § 28-1381. A driver can be charged with DUI if they are:
- Impaired to the Slightest Degree: A driver can be convicted of DUI if they are found to be impaired to the slightest degree by alcohol, drugs (including legal prescription drugs), or any combination of both, even if their BAC is below 0.08%.
- Blood Alcohol Concentration of 0.08% or Higher: If a driver has a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving, they can be charged with DUI. This is considered a “per se” DUI, meaning that no proof of impairment is necessary beyond the BAC reading.
- Commercial Drivers (BAC 0.04%): Drivers holding a Commercial Driver’s License (CDL) face stricter standards. A BAC of 0.04% or higher while operating a commercial vehicle can result in a DUI charge.
- Underage Drivers (Zero Tolerance): For drivers under the age of 21, Arizona DUI law follows a zero-tolerance policy. Any detectable amount of alcohol in their system while operating a vehicle can lead to DUI charges.
Types of DUI Under Arizona DUI Law
- Standard DUI: BAC of 0.08% or higher, or any impairment to the slightest degree.
- Extreme DUI: BAC of 0.15% or higher.
- Super Extreme DUI: BAC of 0.20% or higher.
- Aggravated DUI: A felony DUI charge, which can result from repeat offenses, DUI with a suspended or revoked license, or DUI with a minor under 15 years old in the vehicle.
Arizona DUI Arrests
According to the Arizona Governor’s Office of Highway Safety, there were 27,664 DUI arrests in Arizona in 2019. This marks a decrease from the 29,593 DUI arrests made in 2018. The decrease in DUI arrests is a positive trend, but it is still important to understand the potential consequences of a DUI charge.
Arizona DUI Penalties
Arizona DUI laws are intended to make consequences and penalties for DUI more severe if someone is a repeat offender. Even though Arizona DUI law gives some leeway for penalties, below is a general overview of Arizona DUI penalties.
1. First DUI Offense (Standard DUI)
- Fines and Fees: Fines and fees totaling at least $1,500.
- Jail Time: A minimum of 10 consecutive days in jail (Arizona DUI law allows for 9 days to be suspended upon completion of an alcohol/drug education program).
- License Suspension: Driver’s license suspension for 90 days.
- Ignition Interlock Device (IID): Mandatory installation of an IID for at least 12 months after driving privileges are reinstated.
- Alcohol/Drug Education Program: Mandatory completion of an education or treatment program.
2. Second DUI Offense (Within 7 Years)
- Fines and Fees: Fines and fees totaling at least $3,000.
- Jail Time: A minimum of 90 days in jail (Arizona DUI law allows for 60 days to be suspended with completion of treatment).
- License Revocation: License revocation for 1 year.
- Ignition Interlock Device: Mandatory ignition interlock device (IID) installation for at least 12 months.
- Alcohol/Drug Education Program: Mandatory participation in an alcohol/drug treatment program.
3. First Extreme DUI (BAC 0.15% to 0.19%)
- Fines and Fees: Fines and fees of at least $2,500.
- Jail Time: A minimum of 30 consecutive days in jail (Arizona DUI law allows for 20 days to be suspended with completion of a treatment program).
- License Suspension: Driver’s license suspension for 90 days.
- Ignition Interlock Device (IID): Mandatory installation of an IID for at least 12 months.
4. First Super Extreme DUI (BAC 0.20% or Higher)
- Fines and Fees: Fines and fees totaling at least $3,250.
- Jail Time: A minimum of 45 consecutive days in jail (no possibility of suspension).
- License Suspension: 90 days of license suspension.
- Ignition Interlock Device (IID): Mandatory IID installation for at least 18 months.
5. Aggravated DUI (Felony)
- Fines and Fees: Fines and fees totaling at least $4,000.
- Prison Time: A minimum of 4 months in prison.
- License Revocation: Driver’s license revocation for 3 years.
- Ignition Interlock Device (IID): Mandatory installation of an IID for at least 24 months.
- Alcohol/Drug Treatment: Completion of an alcohol/drug treatment program is mandatory.
Additional Consequences
- Probation: Drivers convicted of DUI may be placed on probation.
- Community Service: Court-mandated community service hours may be required.
- SR-22 Insurance: After an Arizona DUI conviction, drivers are often required to carry SR-22 insurance in Arizona, which is a certificate of financial responsibility that usually results in significantly higher insurance premiums.
Call Now For A DUI Lawyer in Arizona Near You
Call 1-888-839-4384 today to get connected with one of the top-rated DUI lawyers in Arizona near you! Drunk Driving Defense has the most experienced DUI attorneys regarding Arizona DUI laws on our roster.
Unique DUI Laws in Arizona
There are several DUI laws in Arizona that make its DUI regulations unique compared to other states:
“Impaired to the Slightest Degree” DUI
One of the most significant aspects of Arizona DUI law is the “impaired to the slightest degree” standard. This means that a driver can be convicted of DUI even if their BAC is below the legal limit of 0.08%, provided the state can prove they were impaired while operating a vehicle. This makes Arizona one of the strictest states when it comes to DUI enforcement.
Ignition Interlock Device (IID) Requirements
DUI law in Arizona mandates the installation of an IID for anyone convicted of DUI, even for a first-time offense. The device must be installed in the vehicle for a minimum of 12 months, and the driver must blow into the device to start the car. If alcohol is detected on their breath, the vehicle will not start. Arizona’s mandatory IID program is stricter and longer-lasting than in many other states.
Zero Tolerance for Underage DUI
Arizona follows a zero-tolerance policy for underage drinking and driving. While many states impose higher BAC limits for underage drivers, Arizona DUI law penalizes any detectable level of alcohol in a driver under 21 years old. Even a BAC below 0.01% can lead to DUI charges for underage drivers.
Mandatory Jail Time
Arizona imposes mandatory jail time for all DUI convictions, even for first offenses. Many states offer alternatives such as community service or probation for first-time offenders, but Arizona DUI law requires a minimum of 10 days in jail, though some of this time can be suspended after completion of alcohol treatment programs.
Extreme and Super Extreme DUI Categories
Arizona DUI laws uniquely classify DUI offenses into Extreme DUI (BAC of 0.15% or higher) and Super Extreme DUI (BAC of 0.20% or higher). These classifications carry much harsher penalties than standard DUIs, including longer jail sentences, higher fines, and longer mandatory IID installation periods.
How an Arizona DUI Lawyer Can Help You Beat a DUI Charge
It is important to remember that time is of the essence when it comes to DUI charges in Arizona. If you have been charged with a DUI, you only have 15 days from your DUI arrest to request an administrative hearing to challenge your license suspension. Additionally, it’s crucial to contact an Arizona DUI lawyer as soon as possible to begin building your defense.
If you have been charged with a DUI under Arizona DUI laws, it is essential to seek the assistance of an experienced Arizona DUI lawyer as soon as possible to begin building your DUI defense. An experienced Arizona DUI attorney can provide you with the legal guidance and representation you need to help you beat your DUI charge.
More Arizona DUI Law Resources
If you’d like to learn more about DUI laws in Arizona, read through some of our informative articles below. We explore every aspect of Arizona DUI law so that we can answer any questions you may have.
Additionally, we have information on other state DUI laws if you have questions about how DUIs are handled in other states.