In 2006, Arizona had one of the highest rates of alcohol-related driving fatalities in the nation. In response, Arizona’s legislature passed laws so the state would, instead, become the nation’s leader in combatting DUIs. And that’s where we stand now. Arizona is repeatedly recognized as having some of the country’s toughest penalties for “driving under the influence” (DUI). That’s why, if you’ve been arrested for a DUI, you should hire experienced DUI counsel as soon as possible—since even first offenses result in jail time. In the meantime, let’s review Arizona’s basic DUI laws.
Drivers’ “Implied Consent” to Drug or Alcohol Testing
Under Arizona state law, anyone who is driving a motor vehicle in Arizona has already consented to take a breath, blood, urine, or related test for Blood Alcohol Concentration (BAC), if police suspect them of driving under the influence of either alcohol or drugs.
The “implied consent law” does not require you to comply with any specific type of DUI test, so, for example, you could refuse the breath test and only agree to a blood test. But refusing to submit to any DUI chemical test has its own penalties, separate and distinct from the penalties you may receive under a DUI conviction.
After the first refusal of a test, your license can be suspended for 12 months. Although after 90 days, you may be able to get a restricted license with limited driving privileges (e.g., to and from work) if you install an ignition interlock in your car.
If this was your second refusal within four years, your license could be suspended for two years, and you’re not eligible for the restricted license.
However, the suspension of your license is not automatic. Within 15 days of your arrest, you can request a hearing to challenge the suspension.
Types of DUIs
Arizona Revised Statutes 28-1381 et seq. are the laws that ban driving under the influence. These laws prohibit driving while under the influence of alcohol, drugs, or other metabolites that might impact someone’s physical control over a motor vehicle. However, the type of charges—and the penalties—you face will depend on factors ranging from your alleged BAC to the age of passengers in your car.
The categories of DUI charges are:
- (Standard) DUIs
- Extreme DUIs
- Super Extreme DUIs
- Aggravated DUIs
DUIs:
First offense: If this is your first offense, you can be convicted of a DUI if your BAC was found to be between 0.08 and 0.15. For commercial drivers, the minimum BAC level required for a DUI charge is 0.04.
If your BAC fell within this range, the law presumes you were effectively impaired, even if there is no evidence that your driving was impaired.
Further, Arizona Revised Statutes 28-1381(A)(1) states that you can also be charged with a DUI if there is evidence your driving was impaired “to the slightest degree,” no matter what your BAC is. This “slightest degree” standard is intentionally vague—and broad. (This is a key provision when arresting those suspected of drug use because their drug use may not show up in a BAC test.)
A first offense DUI is a class 1 misdemeanor. If convicted, penalties for a first offense DUI can include:
- Ten days in jail
- Fines of no less than $1,250
- Participation in alcohol screening and education program
- Installation of an ignition interlock device on any car you drive
- Community service
- Probation (for up to three years)
- Suspension of your driver’s license (90–360 days)
If you complete the alcohol screening, the court may suspend the remaining nine days of your sentence.
A second offense increases the penalties:
- 30–90 days in jail
- Fines of no less than $3,000
- Mandatory participation in alcohol education program
- Alcohol screening
- One-year suspension of your driver’s license
- Installation of an ignition interlock device on any car you drive (after the suspension has been completed)
- Community service
- Probation (for up to five years)
Extreme DUI / Super Extreme DUI: Those who are found to have had a BAC of 0.15 to 0.199 can be charged with “extreme DUI.”
With an extreme DUI, the penalties include all of the elements of the standard DUI conviction, but the penalties are more severe. For example, a first offense extreme DUI conviction doubles the fines of a standard DUI (no less than $3000), and it brings a minimum jail sentence of at least 30 days.
A “super extreme DUI” charge can be brought if your BAC is found to be higher than 0.20. Once again, this higher charge means that the penalties are substantially increased. Even if it is your first offense, a super extreme DUI conviction has a mandatory 45-day jail sentence, a fine of no less than $2,750, license suspension, mandatory alcohol/drug counseling, and probation.
Aggravated DUI: While standard DUI charges are misdemeanor offenses, an aggravated DUI is a felony under Arizona law.
You may be charged with an aggravated DUI in cases such as:
- You had a minor child (under the age of 15) in the car at the time of the DUI arrest
- This is your third DUI within seven years
- If this DUI occurs while your license was suspended, canceled, or revoked
- If you were driving in a car without an ignition interlock when one was required
Penalties for aggravated DUIs include:
- Prison sentence between 4 months and 3.75 years
- Fines and penalties of up to $150,000
- Three-year suspension of driver’s license
- Two years of ignition interlock after the suspension is completed
- Mandatory counseling
Other charges can be brought if a DUI-related accident results in property damage, injury, or death.
Minors Charged with DUIs
Arizona’s revised code, §4-244 (34) outlaws minors driving under the influence. For those under the age of 21, a minor’s BAC doesn’t need to meet the level of 0.04 to result in a DUI charge. Instead, minors can be charged for a DUI if the BAC test reveals any alcohol in their system.
A minor convicted of a DUI can receive penalties that include up to six months in jail, fines, a two-year suspension of their driver’s license, mandatory counseling, community service, and installation of an ignition interlock device.
While Arizona’s DUI laws are severe, don’t think that you’re without hope. With an experienced DUI lawyer at your side, you may be able to negotiate a lesser sentence or even defeat the charges entirely.
Colin Bell is a DUI and Criminal Defense attorney in Phoenix, Arizona. He is Of-Counsel with Stewart Law Group with offices throughout Arizona. The firm has helped many clients navigate the legal complexities of DUI and criminal defense.
