What Are the Essential Facts About Arizona DUI Law?
Blood alcohol level is only one piece of an Arizona DUI case — five facts most drivers never hear until they’re already charged, and how each one can be used in your defense.
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5 Essential Facts About Arizona DUI Law
Driving under the influence (DUI) is a serious offense in Arizona, and the consequences can be severe. Understanding the key aspects of Arizona DUI law is essential to stay informed and make responsible decisions when it comes to alcohol consumption and getting behind the wheel. In this blog, we will explore five essential facts about Arizona DUI law, including the relevant Arizona Revised Statutes (ARS) section, to help you navigate the legal landscape and make informed choices.1
Blood Alcohol Concentration (BAC) Limits
In Arizona, the legal limit for blood alcohol concentration (BAC) is 0.08% for individuals over the age of 21 who are operating regular passenger vehicles, as outlined in ARS §28-1381. For commercial drivers, the limit is even lower, at 0.04%. If you are under the age of 21, Arizona has a “zero tolerance” policy, meaning any measurable amount of alcohol in your system while driving can result in a DUI charge.It’s important to note that BAC limits can vary depending on your age, the type of vehicle you’re driving, and your commercial driver status. Driving with a BAC above the legal limit can lead to serious legal consequences.2
Implied Consent Law
Arizona has an “implied consent” law, which means that when you obtain a driver’s license in the state, you automatically consent to chemical testing of your blood, breath, or urine if you are suspected of DUI, in accordance with ARS §28-1321. Refusing a breathalyzer test or other chemical tests can result in an automatic one-year suspension of your driver’s license.3
Penalties for DUI Convictions
Penalties for DUI convictions are detailed in ARS §28-1381, and they become increasingly severe with each subsequent offense. Some of the penalties for a first-time DUI conviction may include:
- Jail time (up to 6 months)
- Fines and fees
- License suspension (up to 90 days)
- Ignition interlock device installation
- Mandatory alcohol education programs
- Probation
For second and subsequent DUI convictions, penalties become more severe, with longer jail sentences, larger fines, and longer license suspensions. It’s important to consult with an experienced DUI attorney if you are facing DUI charges to understand your specific situation and potential penalties.4
Aggravating Factors
Certain factors can elevate a DUI charge from a misdemeanor to a felony, as described in ARS §28-1383. These factors include:
- Having a passenger under the age of 15 in the vehicle
- Multiple DUI convictions within a specific time frame
- Driving on a suspended or revoked license
- Causing serious injury or death while under the influence
Felony DUI charges can result in significantly harsher penalties, including longer prison sentences and fines.5
Ignition Interlock Devices
In many DUI cases, Arizona courts may require the installation of an ignition interlock device (IID) in the offender’s vehicle, as specified in ARS §28-1464. An IID is a breathalyzer device that prevents the vehicle from starting if alcohol is detected on the driver’s breath. The length of time an IID is required can vary depending on the severity of the offense and whether it is a repeat DUI.
Contact Tamou Law Group PLLC
Navigating Arizona DUI law can be complex, and the consequences of a DUI conviction can be life-changing. If you or someone you know is facing DUI charges in Arizona, it’s crucial to seek legal representation from an experienced attorney. Tamou Law Group PLLC is experienced in DUI defense and can provide the guidance and support you need during this challenging time.Contact Tamou Law Group PLLC today at 623-321-4699 for a consultation to discuss your case and explore your legal options. Our team is dedicated to protecting your rights and helping you achieve the best possible outcome in your DUI case. Don’t hesitate to reach out for experienced legal assistance. Your future may depend on it.In conclusion, understanding Arizona DUI law, as outlined in the Arizona Revised Statutes, is essential for anyone who operates a motor vehicle in the state. It’s crucial to be aware of BAC limits, implied consent laws, potential penalties, aggravating factors, and the possibility of ignition interlock device installation. If you find yourself facing DUI charges, don’t hesitate to contact Tamou Law Group PLLC for the legal representation you need to protect your rights and future. Stay informed, stay safe, and make responsible choices on the road.
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Frequently Asked Questions
Is a first-time DUI a felony in Arizona?
No, a first-time DUI in Arizona is a class 1 misdemeanor under A.R.S. § 28-1381, even at extreme BAC levels. It becomes a felony only with aggravating factors like a suspended license, a child under 15 in the car, or a third offense within seven years.
What is an extreme DUI in Arizona?
An extreme DUI in Arizona means driving with a blood alcohol concentration of 0.15% or higher, charged under A.R.S. § 28-1382. A first extreme DUI carries a minimum of 30 consecutive days in jail, larger fines, and a 12-month ignition interlock requirement after your license is reinstated.
What is a super extreme DUI in Arizona?
A super extreme DUI in Arizona is driving with a BAC of 0.20% or above, the highest misdemeanor DUI tier under A.R.S. § 28-1382. A first conviction requires at least 45 days in jail, roughly $3,200 or more in fines and assessments, and an ignition interlock device.
When does a DUI become an aggravated felony in Arizona?
A DUI becomes aggravated, a felony under A.R.S. § 28-1383, when you drive on a suspended or revoked license, commit a third DUI within 84 months, drive impaired with a child under 15 in the vehicle, or drive against an interlock order. A class 4 aggravated DUI requires at least four months in prison.
How long is an ignition interlock device required after an Arizona DUI?
Arizona requires an ignition interlock device for 12 months after most first-offense DUI convictions, including extreme DUI, with longer terms for super extreme and repeat offenses. The device prevents your vehicle from starting if alcohol is detected, and six consecutive violation-free months can shorten the term for a first regular DUI.
Does Arizona have a zero tolerance DUI law for drivers under 21?
Yes. Under A.R.S. § 4-244(34), drivers under 21 can be charged for driving with any alcohol in their system, no matter how small the amount. A conviction triggers a two-year license suspension, and prosecutors can also file a standard DUI charge if the driver was impaired.
How much jail time do you get for a first DUI in Arizona?
A first regular DUI in Arizona carries a minimum of 10 days in jail, though courts typically suspend nine days if you complete alcohol screening and education under A.R.S. § 28-1381. Extreme and super extreme first offenses raise the minimum to 30 and 45 consecutive days respectively.
How much does a DUI lawyer cost in Arizona?
A DUI lawyer in Arizona typically costs $2,500 to $10,000 depending on whether the charge is regular, extreme, or aggravated and whether the case goes to trial. That investment is often far less than the lifetime cost of a conviction. Tamou Law Group offers free consultations. Call 623-321-4699, 24/7.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
