What Are the Arizona DUI Laws and Penalties?
As a zero-tolerance state, Arizona is particularly unforgiving when it comes to driving under the influence. There are several types of DUI charges, all with varying degrees of penalties. At Van Norman Law, our criminal defense attorneys are well versed in Arizona DUI laws. We want to help you understand exactly what your charges mean and what penalties you could face depending on the level of your Arizona DUI conviction.
Understanding Arizona DUI Laws
According to Arizona Revised Statute (ARS) 28-1381, it is illegal to operate a motor vehicle while:
- Under the influence of any intoxicating substance if it impairs you in any way
- Having a blood alcohol content (BAC) of 0.08% or more within two hours of driving or controlling a vehicle
- Any dangerous drug as defined by ARS 13-3401 is in your body
- Having a BAC of 0.04% or more when the vehicle is a commercial motor vehicle that requires a commercial driver’s license to operate
Arizona is also a zero-tolerance state. That means that you can be arrested for driving with a BAC lower than the legal limit of 0.08%, but only if the officer believes you are impaired and if your BAC is above 0.05%.
What Are the Penalties for a DUI in Arizona?
Regardless of the level of your DUI conviction, you will be required to undergo alcohol screening and counseling and to perform community service. You will also have to install an ignition interlock device in any vehicle you plan to drive. More specific penalties are given depending on the level of DUI charge.
The Four Types of DUI Classifications in Arizona
1. Standard DUI
You may be charged with a standard DUI if you drive with a BAC level that is:
- Over 0.08% if over 21 years of age
- Any percent if under 21 years of age
- Over 0.05% if impaired to the slightest degree
- Over 0.04% if impaired while driving a commercial vehicle
A first offense standard DUI results in ten days of jail time and around $1,750 or more in fines and fees.
A second offense standard DUI earns 90 days in jail, $3,000 or more in fines and fees, and the revocation of your driver’s license for 12 months.
2. Extreme DUI
You may be charged with an extreme DUI when driving with a BAC of 0.15% or higher.
If you commit a first offense extreme DUI, you will be jailed for 30 consecutive days without the possibility of probation or suspended sentence and will have to pay $3,000 or more in fines and fees.
A second offense extreme DUI will give you 120 days of jail time, fines and fees of $3,250 or more, and a 12-month driver’s license revocation.
3. Super Extreme DUI
You may be charged with a super extreme DUI if you have a BAC of 0.20% or higher while driving.
A first offense super extreme DUI involves six months of jail time, fines and fees of $3,500 or more, and a license revocation of at least 12 months.
Committing a second offense super extreme DUI will also result in six months of jail time and a license revocation of a minimum of 12 months, but the fines and fees increase to at least $3,750.
4. Aggravated DUI
You may be charged with an aggravated DUI if you drive under the influence and:
- It is your third or more DUI offense within the last seven years
- Your driver’s license is already suspended or revoked
- You have been ordered to install an ignition interlock device in your vehicle but did not install it
- A child under the age of 15 is in the vehicle
An aggravated DUI is a class 4 felony in most cases, or a class 6 felony when it results from you driving with a child under the age of 15 in the vehicle. An aggravated DUI will put you in prison for four months to two years, depending on the level of the felony charge, and your license will be revoked for one year.
Experienced DUI Attorneys in Arizona
If you’ve been accused of driving under the influence, you’re going to need an expert DUI defense lawyer by your side. At Van Norman Law in Scottsdale, we have over twenty years of experience in handling DUI defense cases and navigating Arizona DUI laws. We know it can feel overwhelming to face a DUI charge—don’t hesitate to give us a call at 480-481-0616 to schedule a free consultation.
Images used under creative commons license – commercial use (2/15/2022). Photo by Gabe Pierce on Unsplash