Arizona DUI Laws and Penalties – Proven Facts [2024]

Arizona DUI Laws: Comprehensive Overview and Legal Insights

Driving under the influence (DUI) is one of the most significant and strictly enforced offenses in the state of Arizona. With a reputation for having some of the toughest DUI laws in the country, Arizona DUI laws aim to deter impaired driving and enhance roadway safety. Whether it’s your first DUI offense or a subsequent violation, facing charges under Arizona DUI laws can result in serious penalties, including jail time, fines, license suspension, and mandatory use of an ignition interlock device (IID).

In this comprehensive guide, we’ll explore every aspect of Arizona DUI laws, including the penalties for various DUI offenses, legal defenses available to those charged with DUIs in Arizona, and the court process. Understanding these laws and the potential consequences of a DUI charge is crucial for protecting your rights and preparing the best defense.

What Constitutes a DUI Under Arizona DUI Laws?

Arizona DUI laws are designed to penalize anyone operating or in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of the two. Arizona takes an aggressive stance on impaired driving, and Arizona DUI laws make it clear that impairment at any level can lead to charges, even if a person’s blood alcohol concentration (BAC) is below the legal limit.

The key Arizona statutes governing DUIs include A.R.S. §28-1381, A.R.S. §28-1382, and A.R.S. §28-1383. These statutes lay out the specifics for different types of DUIs, including standard, extreme, and aggravated DUIs. Let’s break down the most common DUI charges and how they are prosecuted under Arizona DUI laws:

Types of DUI Charges Under Arizona DUI Laws

1. Standard DUI – A.R.S. §28-1381(A1): A standard DUI occurs when a driver operates a vehicle while impaired to the slightest degree, regardless of their BAC. This means that under Arizona DUI laws, you can be charged with a DUI even if your BAC is below the legal limit of 0.08%, as long as impairment can be proven.
2. DUI with a BAC of .08% or Higher (A.R.S. §28-1381(A2)): This charge is brought when a driver’s BAC is 0.08% or higher within two hours of driving. Arizona DUI laws consider this an automatic offense, meaning impairment does not need to be proven if the BAC is above the legal limit.
3. Extreme DUI – A.R.S. §28-1382(A1): If a driver’s BAC is between 0.15% and 0.199%, they will face an extreme DUI charge. Extreme DUIs are treated more harshly than standard DUIs under Arizona DUI laws due to the increased danger posed by driving with a high level of intoxication.
4. Super Extreme DUI – A.R.S. §28-1382(A2): A BAC of 0.20% or higher qualifies as a super extreme DUI. This charge comes with even more severe penalties under Arizona DUI laws.
5. Drug DUI (A.R.S. §28-1381(A3)): This charge applies to drivers who are under the influence of any drug (legal or illegal) that impairs their ability to drive. This includes prescription medications and over-the-counter drugs, not just controlled substances. Under Arizona DUI laws, any drug impairment can lead to DUI charges, making it essential for drivers to be cautious when taking medications that may affect their ability to operate a vehicle.
6. Aggravated DUI A.R.S. §28-1383: An aggravated DUI is a felony charge, and it can be brought under several circumstances. If a person is driving under the influence with a suspended, revoked, or restricted license, or if they have committed three or more DUIs within seven years, they will be charged with an aggravated DUI. Additionally, if a child under 15 is in the vehicle or the driver is going the wrong way on a highway, the aggravated DUI charge will apply.

Penalties Under Arizona DUI Laws

Penalties for violating Arizona DUI laws vary based on the severity of the offense and the number of prior convictions. Arizona is known for its zero-tolerance approach to impaired driving, meaning that even minor levels of intoxication can lead to stiff penalties. Below, we’ll explore the potential consequences for different types of DUIs in Arizona.

1. First-Time DUI Offense (Standard DUI)

For a first-time DUI offense under Arizona DUI laws, the penalties are as follows:

• Jail Time: A minimum of 10 days in jail. However, 9 of those days may be suspended if the defendant completes alcohol screening and treatment.

• Fines and Fees: Around $1,500, which includes various fines and fees such as the cost of the alcohol screening.

• License Suspension: 90-day suspension of driving privileges.

• Ignition Interlock Device (IID): Installation of an IID for one year, which requires the driver to blow into the device to check for alcohol before starting the car.

• Other Requirements: Completion of alcohol education classes, along with possible community service.

2. Second DUI Offense

A second DUI offense under Arizona DUI laws carries harsher penalties:

• Jail Time: A minimum of 90 days, with 60 days possibly suspended if the defendant completes alcohol treatment programs.

• Fines and Fees: Up to $3,500, including fees for alcohol screening, treatment, and home monitoring.

• License Revocation: A one-year revocation of driving privileges.

• IID: Installation of an IID for one year after license reinstatement.

• Community Service: A minimum of 30 hours of community service.

3. Extreme DUI (BAC of 0.15 to 0.199)

For an extreme DUI, Arizona DUI laws impose even more severe penalties:

• First Offense: Minimum of 30 days in jail, up to $2,500 in fines, a 90-day license suspension, and a mandatory IID for one year.

• Second Offense: Minimum of 120 days in jail, up to $3,800 in fines, a one-year license revocation, and an IID for two years.

4. Super Extreme DUI (BAC of 0.20 or Higher)

Penalties for a super extreme DUI under Arizona DUI laws are the most severe for misdemeanor DUIs:

• First Offense: Minimum of 45 days in jail, up to $3,250 in fines, a 90-day license suspension, and an IID for 18 months.

• Second Offense: Minimum of 180 days in jail, fines exceeding $4,700, a one-year license revocation, and an IID for two years.

5. Aggravated DUI (Felony)

An aggravated DUI under Arizona DUI laws carries felony penalties, which include:

• Prison Time: A minimum of four months in state prison for a first-time aggravated DUI.

• Fines: Fines start at $4,000 but can be much higher depending on the specifics of the case.

• License Revocation: A three-year revocation of driving privileges.

• IID: Required for two years upon license reinstatement.

• Other Penalties: Loss of civil rights, including the right to vote and possess firearms.

DUI Defenses Under Arizona DUI Laws

Facing a DUI charge can feel overwhelming, but being charged doesn’t mean an automatic conviction. Several defenses are available under Arizona DUI laws that can challenge the validity of the charges. A skilled DUI attorney can analyze the facts of the case and build a defense that could result in reduced penalties or even dismissal of charges.

Here are some common defenses used in cases involving Arizona DUI laws:

1. Improper Traffic Stop

One of the most common defenses in DUI cases is the argument that the traffic stop was improper. Under Arizona DUI laws, law enforcement must have a valid reason (reasonable suspicion) to stop a vehicle. If there was no legitimate reason for the stop, the defense can argue that any evidence obtained afterward should be suppressed, leading to a dismissal of the charges.  Read More about Illegal Stops for DUI….

2. Faulty BAC Testing

Breathalyzer and blood tests are not infallible. If there were issues with the administration of the test or if the testing equipment was not properly calibrated, the accuracy of the BAC results can be called into question. Arizona DUI laws require that testing equipment be regularly maintained and properly administered. A DUI defense attorney can request maintenance records and evaluate whether proper procedures were followed.

3. Medical Conditions Affecting BAC Results

Certain medical conditions, such as diabetes or acid reflux, can lead to falsely elevated BAC results. Individuals with these conditions may have high levels of acetone in their breath, which can be mistaken for alcohol by a breathalyzer. This defense can be effective in cases where the BAC reading doesn’t match the driver’s level of impairment.

4. Lack of Probable Cause for Arrest

To make an arrest, law enforcement officers must have probable cause to believe the driver is impaired. If the officer did not have sufficient evidence to justify the arrest, the defense can argue that the arrest was unlawful, and the case may be dismissed.

5. Violation of Miranda Rights

Under Arizona DUI laws, if a driver is arrested and questioned without being read their Miranda rights, the defense can argue that any statements made during the interrogation are inadmissible in court. This can significantly weaken the prosecution’s case.

6. Chain of Custody Issues for Blood Samples

For cases where blood samples were taken, the prosecution must be able to prove that the sample was properly handled and stored throughout the testing process. If there is any break in the chain of custody, the defense can argue that the results may have been tampered with or are otherwise unreliable.

Impounded Car Issues Under Arizona DUI Laws

One of the less-discussed but impactful consequences of DUIs in Arizona is vehicle impoundment. Under Arizona DUI laws, law enforcement officers have the authority to impound a vehicle in certain situations. Specifically, if you are arrested for a DUI and your blood alcohol concentration (BAC) is above the legal limit, or if you are driving on a suspended, revoked, or restricted license, your vehicle may be impounded.

According to A.R.S. §28-3511, vehicles can be impounded for up to 30 days under the following conditions:

• DUI Arrest: If a person is arrested for driving under the influence and does not have a valid driver’s license or is in violation of DUI laws, officers can impound the vehicle.
• Extreme and Super Extreme DUI: If the DUI involves a BAC above 0.15%, impoundment is highly likely under Arizona DUI laws.
• Aggravated DUI: A driver facing aggravated DUI charges (such as driving with a child under 15 in the vehicle) may also have their car impounded.

If your car is impounded, you will need to pay fees to retrieve it after the impoundment period ends. These fees typically include towing and storage costs, which can quickly add up. It’s important to act quickly and request a hearing to challenge the impoundment if you believe it was unjustified. You can also seek early release of your vehicle if you were not the vehicle’s owner or if the car was used without your permission.

Out-of-State Drivers and DUIs in Arizona

If you’re an out-of-state driver charged with a DUI in Arizona, the implications can follow you home. Arizona is part of the Driver License Compact, an agreement between most states to share information about traffic violations, including DUIs. This means that if you are convicted of a DUI under Arizona DUI laws, the offense will likely be reported to your home state’s motor vehicle department. Your home state can then impose penalties such as license suspension, even if you were charged in Arizona.

For out-of-state drivers, navigating Arizona DUI laws can be particularly complex. You may face challenges such as:

• License Suspension: While Arizona may suspend your driving privileges within the state, your home state may also choose to suspend your overall driving license.
• Court Appearances: In many cases, you will need to attend court hearings in Arizona. However, some courts may allow out-of-state drivers to be represented by their attorney without being physically present, depending on the charges.
• Ignition Interlock Device (IID): If convicted, you may be required to install an IID on your vehicle, even if you reside outside of Arizona. Your home state may impose additional IID requirements based on Arizona’s DUI conviction.

Out-of-state drivers charged with DUIs in Arizona are urged to contact an attorney experienced with Arizona DUI laws to help manage their case and minimize long-term consequences that may affect their driving privileges both in Arizona and their home state.

What to Do If Stopped for a DUI in Arizona

If you are stopped by law enforcement on suspicion of DUI, it’s important to know your rights and how to protect yourself. Under Arizona DUI laws, what you do and say during the traffic stop can significantly impact the outcome of your case. Here are some steps to follow if you are stopped for a DUI:

1. Remain Calm and Cooperative: Being polite and cooperative with the officer can prevent the situation from escalating. However, this doesn’t mean you need to answer every question or provide incriminating information.
2. Exercise Your Right to Remain Silent: Under Arizona DUI laws, you have the right to remain silent. Politely inform the officer that you choose to exercise this right. You are not required to answer questions about where you were, how much you drank, or where you are going.
3. Field Sobriety Tests: You are not legally required to perform field sobriety tests, such as walking in a straight line or standing on one leg. These tests are subjective, and even sober individuals can fail them. Declining to take these tests can be a smart decision.
4. Chemical Tests (Breath, Blood, Urine): Arizona operates under implied consent laws, meaning that by driving in the state, you agree to submit to chemical testing if an officer has probable cause to believe you are driving under the influence. Refusing to take a chemical test will result in an automatic one-year suspension of your driver’s license, regardless of the outcome of the DUI case.
5. Ask for a Lawyer: If you are arrested for a DUI, request an attorney immediately. Do not answer any questions or agree to any tests without first consulting with legal counsel. You have the right to a private phone call to speak with your attorney.
6. Do Not Resist: Resisting arrest or being uncooperative can lead to additional charges. If you believe the stop or arrest is unjust, it is better to address it later with the help of an attorney.

By understanding your rights and acting carefully, you can protect yourself from making statements or decisions that could negatively impact your case under Arizona DUI laws. The best course of action is to consult a DUI attorney as soon as possible to review your case and develop an appropriate defense strategy.

Court Process for DUIs in Arizona

Understanding the court process for DUIs in Arizona can help defendants prepare for the legal journey ahead. Arizona courts take DUI charges seriously, and even first-time offenders can face significant penalties if convicted. Here’s a step-by-step breakdown of what to expect:

1. Arraignment

The first step in the court process is the arraignment. During this hearing, the defendant is formally charged with the DUI offense and asked to enter a plea (guilty, not guilty, or no contest). If the defendant pleads not guilty, the case moves forward to pretrial proceedings.

2. Pretrial Conference

A pretrial conference is an opportunity for the defense and prosecution to discuss the case. This is often when plea bargains are negotiated. If a plea deal is reached, the case will not go to trial. However, if no agreement is made, the case will proceed to trial.

3. Trial

During the trial, both the defense and prosecution present their evidence. This can include testimony from the arresting officer, expert witnesses, and the results of BAC tests. The judge or jury will then decide whether the defendant is guilty of violating Arizona DUI laws.

4. Sentencing

If the defendant is found guilty, the judge will issue a sentence based on the specifics of the case and any prior DUI convictions. Sentencing can include jail time, fines, community service, license suspension, and installation of an ignition interlock device.

License Suspensions Under Arizona DUI Laws

Losing the ability to drive is one of the most significant consequences of violating Arizona DUI laws. DUI convictions typically result in mandatory license suspensions, with the length of suspension depending on the nature of the offense:

• First-Time DUI: A 90-day license suspension is typical for a first-time DUI conviction.
• Second DUI: For a second DUI offense, Arizona DUI laws impose a one-year revocation of driving privileges.
• Aggravated DUI: A three-year license revocation is mandatory for aggravated DUI convictions.

Following the suspension period, most offenders will need to install an ignition interlock device on their vehicle before their license can be reinstated.

Mitigating Factors in DUI Sentencing

While Arizona DUI laws are tough, certain mitigating factors can influence the court’s decision when it comes to sentencing. These factors may lead to reduced penalties, especially for first-time offenders. Common mitigating factors include:

• Acceptance of Responsibility: Defendants who plead guilty and take responsibility for their actions may receive lighter sentences.
• Participation in Treatment Programs: Completing an alcohol or drug treatment program can be a mitigating factor under Arizona DUI laws, showing the court that the defendant is committed to rehabilitation.
• No Prior Criminal Record: Defendants with no prior criminal history are more likely to receive leniency in sentencing.

Conclusion

Arizona DUI laws are some of the strictest in the nation, with severe penalties designed to deter impaired driving and ensure public safety. Whether you’re facing a standard DUI, extreme DUI, or aggravated DUI, the consequences of a conviction under Arizona DUI laws can have a lasting impact on your life. From jail time and fines to long-term license suspensions, the penalties for DUIs in Arizona are significant.

If you or someone you know is facing DUI charges, it’s critical to seek legal representation from an experienced DUI attorney who understands Arizona DUI laws and can provide a strong defense. With the right legal strategy, it’s possible to minimize the penalties and protect your future.  Contact Tamou Law Group today for a free consultation on your DUI case.  Don’t let one mistake change the course of your life.  Call us today at 623-321-4699 for a free consultation.