As a premier DUI criminal law firm in Arizona, Tamou Law Group PLLC is committed to providing the best legal representation for clients facing DUI and traffic offenses. Our experienced attorneys are well-versed in Arizona’s complex legal system, and we work tirelessly to defend your rights and protect your driving privileges. The following is are some key aspects of DUI arrests in Arizona, including applicable statutes, sentencing guidelines, the impact on your driver’s license, and defense strategies.
Driving Under the Influence(DUI) Charges in Arizona
I. DUI Charges in Arizona - Statutes and Interpretations
DUI law is a complex area of law. The charges and penalties range heavily on how the unique set of facts from your case and essentially how the DUI was brought or written by the arresting police agency. Each arresting agency uses different methods during DUI arrests. For instance, with DUI arrests in Tucson, they may just go straight to blood draw, whereas Glendale may do a double breathalyzer. During a DUI arrest in Phoenix, they may utilize both. Regardless of the situation, you need a knowledgeable DUI defense lawyer that knows how to navigate the charges that are brought, familiarity with the arresting agencies protocols, the Courts, and prosecutors within that City. This is what makes the world of difference when getting a dealing with a DUI charge in Arizona.
DUI "Impaired to the Slightest Degree" - A.R.S. § 28-1381 (A)(1)
This provision makes it unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or any combination thereof, if the person is “impaired to the slightest degree.” This means that even if your Blood Alcohol Content (BAC) is below the legal limit of 0.08%, you can still be charged with a DUI if there is evidence that your ability to drive was impaired in any way.
DUI With a Blood Alcohol Content (BAC) of 0.08% or More - A.R.S. § 28-1381 (A)(2)
Under this provision, it is illegal for a person to drive or be in actual physical control of a vehicle in Arizona with a BAC of 0.08% or more within two hours of driving. This is a “per se” DUI, meaning that no additional evidence of impairment is required for a conviction if the BAC level is at or above the legal limit.
DUI With Drugs or Their Metabolites - A.R.S. § 28-1381 (A)(3)
This provision prohibits driving or being in actual physical control of a vehicle while there is any drug or its metabolite in the person’s body. It is important to note that this provision applies even if the person is not impaired, as long as the drug or its metabolite is present.
Extreme & Super Extreme DUI - A.R.S. § 28-1382
Extreme DUI (A.R.S. § 28-1382)
Extreme DUI charges apply when a person is found driving or in actual physical control of a vehicle with a significantly high Blood Alcohol Content (BAC) level. Generally an Extreme DUI will be between a BAC of 0.15% or more, but less than 0.20%
Super Extreme DUI with a BAC of 0.20% or more
A Super Extreme DUI charge applies when a person’s BAC is 0.20% or higher.
Aggravated DUI - A.R.S. § 28-1383
Aggravated DUI is a felony offense and involves more severe circumstances than a standard or Extreme DUI. There are several situations in which a person can be charged with an aggravated DUI:
A. A.R.S. § 28-1383 (A)(1) – DUI with a suspended, revoked, or canceled driver’s license
If a person is found driving under the influence with a suspended, revoked, or canceled driver’s license, they can be charged with an aggravated DUI. Penalties include:
- Minimum of 4 months in prison
- Fines and fees of approximately $4,000
- License revocation for 1 year
- Mandatory installation of an IID for 2 years
B. A.R.S. § 28-1383 (A)(2) – Third DUI or Extreme DUI offense within 84 months (7 years)
A person with two prior DUI or Extreme DUI convictions within the past 7 years can be charged with an aggravated DUI for their third offense. Penalties include:
- Minimum of 4 months in prison
- Fines and fees of approximately $4,000
- License revocation for 1 year
- Mandatory installation of an IID for 2 years
C. A.R.S. § 28-1383 (A)(3) – DUI while a person under 15 years of age is in the vehicle
Driving under the influence with a passenger under 15 years of age in the vehicle is considered an aggravated DUI. Penalties include:
- Minimum of 10 days in jail (9 days can be suspended with successful completion of alcohol screening and education)
- Fines and fees of approximately $4,000
- License revocation for 1 year
- Mandatory installation of an IID for 2 years
D. A.R.S. § 28-1383 (A)(4) – DUI while ordered to have an ignition interlock device installed in the vehicle
If a person is found driving under the influence while they are under a court order to have an ignition interlock device (IID) installed in their vehicle, they can be charged with an aggravated DUI. Penalties include:
- Minimum of 4 months in prison
- Fines and fees of approximately $4,000
- License revocation for 1 year
- Mandatory installation of an IID for 2 years following the reinstatement of the driver’s license
It is important to note that the penalties for both Extreme DUI and Aggravated DUI can increase for repeat offenders. Additionally, other consequences may apply, such as mandatory community service, alcohol or drug screening and education, and probation.
Considering the severe consequences of an Extreme DUI or Aggravated DUI conviction, it is crucial to have an experienced attorney represent you. At Tamou Law Group PLLC, our skilled lawyers are well-versed in Arizona’s complex DUI laws and will work diligently to defend your rights and minimize the impact of these charges on your life.
Admin Per Se (Consenting to Blood Draw)
One of the most important events that occurs during a DUI in Arizona is at the time that the arresting officer and agency requests a blood draw for purposes of DUI investigation. What the majority of drivers don’t know is that when you receive your Arizona Drivers License, you implicitly consent to blood draws for purposes of DUI.
Essentially, because you receive an Arizona Drivers License, you are telling the State of Arizona that its agencies have the right to draw blood for purposes of DUI. Here is where it gets tricky. If you decline a blood draw request from the officer, they can (and likely will) call and get a search warrant for your blood. That means that they will do whatever it takes by any means necessary. In addition, you declining breathalyzer or blood draw will automatically suspend your license for 12 months. Depending on the situation you would likely have to be subject to an admin per se hearing which is a huge uphill battle to get your license reinstated. This is a separate situation from the Criminal aspect of the DUI. It is carried out by the ADOT Executive Hearing Office before an administrative Judge.
There is a possibility of getting a restricted license which is called a Special Ignition Interlock Restricted Drivers License (SIIRDL) and that information can be found here: SIRRDL.
All in all, declining a breathalyzer or blood draw is generally never the way to go in our professional opinion. The difference between a 30 to 90 day suspension and 12 month suspension can be a devastating blow to your ability to live, work, and travel. Hiring a DUI defense law firm that understands the ins and outs of criminal law is extremely important when contemplating your future. Call Tamou Law Group now at 623-321-4699 today to see the difference. Leave your stress and anxieties to us. We are here to help.
Potential Consequences
A Driving Under the Influence conviction in Arizona carries serious penalties, which vary based on the degree of the offense. Consequences may include:
- A Driving Under the Influence conviction in Arizona can result in a suspension or revocation of your driver’s license. The length of the suspension or revocation varies depending on the severity of the offense and your prior driving record.
- Substantial fines
- Probation
- A lasting criminal record
- Ignition Interlock Device Requirement
- Alcohol Awareness Classes
These penalties can significantly impact your personal and professional life, making it crucial to have an experienced legal team on your side.
Sentencing Guidelines for DUI Offenses in Arizona
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The severity of DUI penalties in Arizona depends on the nature of the offense and any prior DUI convictions. The following are the general sentencing guidelines:
First-time DUI (A.R.S. § 28-1381(A)(1) or (A)(2))
- 10 days in jail (9 days can be suspended with successful completion of alcohol screening and education)
- Fines and fees of approximately $1,500
- Mandatory installation of an ignition interlock device (IID) for 12 months.
First-time Extreme DUI (A.R.S. § 28-1382)
- 30 days in jail (21 days can be suspended with successful completion of alcohol screening and education)
- Fines and fees of approximately $2,500
- Mandatory installation of an IID for 12 months
Aggravated DUI (A.R.S. § 28-1383)
- Minimum of 4 months in prison
- Fines and fees of approximately $4,000
- License revocation for 1 year
- Mandatory installation of an IID for 2 years
First Time Extreme & Super Extreme DUI
Extreme DUI – BAC of 0.15% or more, but less than 0.20%
- 30 days in jail (21 days can be suspended with successful completion of alcohol screening and education)
- Fines and fees of approximately $2,500
- Mandatory installation of an ignition interlock device (IID) for 12 months
- License suspension for 90 days
Super Extreme DUI with a BAC of 0.20% or more
- 45 days in jail (31 days can be suspended with successful completion of alcohol screening and education)
- Fines and fees of approximately $3,250
- Mandatory installation of an IID for 18 months
- License suspension for 90 days
CRIMINAL DUI DEFENSE YOU CAN TRUST
Defending Against DUI Charges in Arizona
At Tamou Law Group PLLC, we employ various defense strategies to challenge the evidence and procedures used in DUI cases, such as:
- Challenging the legality of the traffic stop
- Investigating the accuracy of breathalyzer and blood test results
- Identifying medical or environmental factors that could impact BAC readings
- Disputing field sobriety test results and procedures
How We Do It
- Conducting a comprehensive review and analysis of your case’s facts
- Contesting the evidence presented by the prosecution
- Identifying weaknesses in the State’s case
- Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
- Negotiating with the State for reduced charges or alternative sentencing options
Contact Us Today
At Tamou Law Group PLLC, we understand the stress and uncertainty that comes with facing DUI and traffic offense charges. Our experienced attorneys will guide you through the legal process and vigorously defend your rights.
If you or a loved one has been charged with a DUI or traffic offense in Arizona, contact us today at 623-321-4699 for a free consultation.
