DUI Reference Guide

Arizona DUI Laws

Those driving while under the influence of drugs or alcohol in Arizona can be charged with a DUI.  Charges can result from the per se regulations.  People who have a blood alcohol content of 0.08% or more are in violation of this law.  For anyone who is less than 21 years of age, they can be arrested for a DUI if alcohol of any amount is found in their blood alcohol content.  A second way to be arrested is if a law enforcement offers has any detection that a driver has impaired abilities that are affecting the way they drive. 

There are several other factors affecting the penalties facing those arrested for a DUI in Arizona.  Those who have a blood alcohol level at or exceeding 0.15% will be listed under the DUI extreme classification.  In addition, there are several reasons as to why a DUI arrest could be treated as a felony.  This can occur if someone was driving with an individual who was less than 15 years old, at the time that they were arrested for DUI.  If a person was driving without a license at the time of their arrest (license revoked) or if they had more than one prior DUI arrest, they could also be charged with a felony.

The department of motor vehicles in Arizona is able to suspend the license of those arrested for DUI.  People will also have their license revoked if they refuse to take a blood or breath test.  In fact, on a first offense they will lose their license for one year and face a two year loss for a second offense.  First time offenders for DUI who do not refuse a test will have a 90 day suspension. 

Those arrested also face criminal charges in court.  They can waive their right to a jury of their peers.  If this right is not waived, there will be six jurors that will hear the DUI case in addition to the judge.  DUI convictions carry with them several potential penalties.

First time offenders face fines of $250.  Those convicted face ten days in jail.  After which time, they could receive probation that would not exceed five years.  The sentence can often be reduced to one but only if people will have an evaluation for a substance abuse problem.  If it is deemed necessary, they must agree to receive treatment for any problems.  If a first time offender has an extreme BAC, they face even harsher penalties including $1000 assessment fee for the DUI abatement account, and 30 days of jail time.  Sometimes a person can seek an evaluation and any necessary treatment for substance abuse problems in order to serve ten less days in jail.

Second time offenders can pay $500 in fines not including the surcharge.  An additional $1250 for assessment charges can also apply.  Jail time can be as much as 90 days.  The sentence might be lessened to 30 days.  However, in order for this to happen the convicted individual must be evaluated to find out if they have a substance abuse problem.  If they do, they will be mandated to enter some type of treatment program.  License suspensions last one year after which time an ignition interlock system must be placed on the person’s car.  Probation can last as long as five years.

For those DUI offenders that are convicted of a felony, rather than a misdemeanor there are even more stringent penalties.  Fines become very high.  In addition, those convicted of a felony DUI can serve a great deal of time in jail.   In fact, sentences could exceed ten years.   A minimum of four months must be served.    Probation can last as long as five years.  A convicted party’s automobile can be forfeited and become government property.  License suspension will be for three years. 

For all offenses, the penalties can be even more severe for those who had excessive blood alcohol content.  Other factors can also be taken into consideration when deciding on sentencing for someone who was arrested for a DUI.

Those arrested for a DUI in Arizona might want to consult with an attorney.  Lawyers can sometimes help to present a defense that creates doubt as to whether or not the driver was actually impaired or intoxicated.  This is a little more difficult to do when their alcohol level was over the legal limit.  Therefore, it can be a good idea to have a lawyer to assist a person in working with the court to hopefully receive the least harsh penalties possible for their DUI offense.