Drunk Driving Defense Laws in Arizona

Arizona’s DUI law imposes severe penalties and high fines for driving under the influence of alcohol or drugs. The law states it is illegal to both drive and be in control of any motor vehicle while intoxicated. The DUI laws are different in every state. Understanding how your state handles drunk driving can help you understand your rights and find a knowledgeable Arizona DUI defense attorney to resolve your case.

Arizona Drunk Driving Laws

Arizona law states that you are driving under the influence when you are driving a vehicle with a BAC of .08% or more. The state also has an implied consent law that may suspend your license for failing to submit to a chemical test. For commercial drivers, the threshold is a .04% BAC. Arizona has a law often referred to as “not-a-drop” law, meaning it is illegal for a person under the age of 21 years old to operate a vehicle with any amount of alcohol or drugs in their system.

Implied Consent: Yes

Enhanced Penalties: There are additional penalties for having a higher blood alcohol content (BAC), having a prior conviction, driving with a restriction on your license such as a suspension, independent evidence of child endangerment, refusing a test, harming someone, or causing an injury while you are driving under the influence.

A first-offense DUI is a Class 1 misdemeanor.

• Per se or impaired DUI is for drivers with a BAC of .08% to .149%. It comes with a minimum sentence of 10 days imprisonment, a $250 minimum base fine with additional fines or surcharges, and a one-year ignition interlock restriction.
• Extreme DUI is reserved for those with a BAC of .15% to .199% and comes with a minimum of 30 days imprisonment, a $250 minimum base fine with additional fines or surcharges, and a one-year ignition interlock restriction.
• Super extreme DUI is reserved for those with a BAC of .20% or more and comes with a minimum of 45 days imprisonment, a $500 minimum base fine with additional fines or surcharges, and an ignition interlock restriction.

A second-offense DUI is also a Class 1 misdemeanor.

• Per se or impaired DUI is for those with a BAC of .08% to .149%. It comes with a minimum sentence of 90 days imprisonment, a $500 minimum base fine with additional fines or surcharges, and a one-year ignition interlock restriction.
• Extreme DUI is reserved for those with a BAC of .15% to .199% and comes with a minimum of 120 days imprisonment, 60 days of which is served consecutively, a $500 minimum base fine with additional fines or surcharges, and a one-year ignition interlock restriction.
• Super extreme DUI is reserved for those with a BAC of .20% or more and comes with a minimum of 180 days imprisonment, 90 days to be served consecutively, a $1,000 minimum base fine with additional fines or surcharges, and for the second offense, a 24-month ignition interlock restriction.

Aggravated DUI is a Class 4 felony for those charged with a third DUI in 84 months (7 years), a third refusal of a chemical test in 84 months, driving with a suspended or revoked license, causing harm or injury while driving under the influence, or receiving a DUI charge with a child under 15 years old in the vehicle. This charge has penalties of four months to two years imprisonment, a base fine of $750 with additional fines or surcharges, a three-year license revocation, and a two-year ignition interlock restriction.

A second aggravated DUI has even more extensive penalties and may lead to a much longer prison sentence.

A judge may impose requirements such as completing an alcohol treatment or education program, conducting community service, completing a traffic survival course, and vehicle forfeiture.

DUI Penalties in Arizona

The penalties associated with drunk driving in Arizona vary according to the circumstances of the arrest and whether the defendant is a repeat offender.

If you have a blood alcohol concentration (BAC) of greater than 0.15 percent are subject to even harsher penalties with an extreme DUI. A first offense with a BAC of between .15-.199 percent means a jail term of 30 consecutive days without parole or sentence suspension and a fine of $250, an assessment fee of $250 and you will have to pay an additional assessment fee of $2,000 to be deposited in the prison construction and operation fund and the public safety equipment fund.

This is in addition to the interlock device, potential for community restitution, and having to complete the traffic school survival course and other penalties mentioned above.

When you have had a prior conviction with a higher blood alcohol content conviction with a (BAC) of .20 or more you can face even higher jail time. You can face at least 180 days and 90 days of which must be served consecutively and a fine of $1,000 and will have to pay an additional assessment fee of $2,500 to be deposited in the prison construction and operation fund and the public safety equipment fund, as well as losing driving privileges for two years.

Arizona DUI Attorneys

A knowledgeable DUI attorney can help d build a good defense. A lawyer with experience can investigate all aspects of the arrest and challenge the defendant’s alcohol testing results. Your attorney has an array of resources and techniques to use on behalf of the client in order to avoid the harshest conviction and associated penalties. Your lawyer can also negotiate with the judge and prosecutor to reduce the DUI penalties.