Arizona DUI laws are some of the harshest in the nation. The type of DUI charges that the State will normally charge a person with depend on things like a suspect’s BAC, prior criminal history and status of the person’s license. All Arizona Drunk Driving charges carry significant penalties, but those penalties may be greater based on a number of factors. Here are some of the more common variations:
Under A.R.S. § 28-1381, an Arizona DUI consists of driving or being in actual physical control of a vehicle:
The DUI charges listed beside are generally misdemeanors. Under some circumstances, however, drunk driving or drugged driving in Arizona could be charged as a felony. Those circumstances include:
Legal BAC limit in Arizona - The average person faces a DUI charge in Arizona if that person’s blood alcohol content (BAC) is 0.08 or greater. If you are driving a commercial vehicle, the operation of which requires a commercial driver’s license (CDL), the threshold is half that amount or a BAC of 0.04. If your BAC exceeds that amount, you can be charged with CDL DUI. In addition to the lower standard of alcohol concentration, commercial drivers are also subject to penalties specifically related to their status as holders of a CDL.
Extreme DUI charges in Arizona - If your BAC is 0.15 or more, you could be convicted of extreme DUI. Increased penalties include more jail time and higher fines and assessments. The penalties will be even greater if your BAC is 0.20 or greater, known as “super extreme DUI.”
Under Arizona DUI laws a person can be charged with DUI while operating watercraft. Pursuant to Title 5 of the Arizona Revised Statutes, boating under the influence is charged when a person is operating watercraft:
While an Arizona DUI carries serious potential penalties, a percentage of those charged with the offense are not convicted. Some cases are dismissed, others are downgraded to lesser charges (for example, reckless driving), and some result in not guilty verdicts. So being charged does not necessarily spell doom. Of course, your chances of being among those who are not convicted is a function in large part of finding the right attorney for your defense.
An experienced Arizona DUI attorney will examine the case from the outset, conduct any additional investigation required, in some cases hire an expert witness on your behalf, and take all the necessary steps to insure that your rights are protected. Possible defenses could be established by:
These are just a few of the possible defenses that may apply in your case.
Past results do not guarantee success in the future, but a proven track record is the best indication of the performance of an attorney. As criminal & defense attorneys in Phoenix, we have years of experience successfully defending clients charged with DUI. Take advantage of our free consultation and talk to us about how we would approach your case.
Arizona has strict DUI laws with severe penalties. A DUI charge can occur if a driver’s blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers). Arizona also enforces a zero-tolerance policy for underage drivers.
Penalties vary based on BAC level and prior offenses. A first-time DUI may result in fines, license suspension, mandatory alcohol education, and jail time. Repeat offenses carry harsher consequences, including longer jail sentences and ignition interlock requirements.
Yes, but refusing a breathalyzer test in Arizona comes with serious consequences. Arizona has an implied consent law, meaning that by driving, you automatically agree to submit to BAC (Blood Alcohol Concentration) testing. If you refuse, your driver’s license will be suspended for up to one year, even if you are not ultimately convicted of DUI.
A DUI conviction remains on your criminal record permanently in Arizona. It can impact employment, insurance rates, and future legal consequences for repeat offenses. However, certain legal options may help minimize its impact.
Yes, Arizona DUI laws cover both alcohol and drugs, including prescription medications and marijuana. If a driver is impaired by any substance, they can be charged with a DUI, regardless of BAC level.
Yes, depending on the circumstances, an experienced DUI attorney may challenge the evidence, question the validity of the traffic stop, or negotiate a plea deal to reduce charges or penalties.
While not required, hiring a DUI attorney is highly recommended. A lawyer can assess legal options, represent you in court, and help minimize penalties or possibly get the charges dropped.
