Phoenix DUI Attorney

What Is a DUI in Arizona?

You could face charges for driving under the influence (DUI) if you have a blood alcohol content (BAC) of 0.08 while operating a vehicle. Most people understand this aspect of the law.

However, you could also receive a DUI charge under other circumstances, including:

• Driving with any signs of impairment from drugs or alcohol.
• Driving as a commercial driver with a BAC of 0.04 or higher.
• Driving as a minor (under age 21), and having any amount of alcohol in your system.
• Simply sitting in the driver’s seat and having the capacity to drive while impaired or with a BAC of 0.08 or higher (or being impaired while in actual physical control of the vehicle).

Arizona law says that these violations could result in a class 1 misdemeanor. However, you may face more enhanced charges and penalties if you have a record of DUI convictions, have an especially high BAC, or commit other criminal violations.

You could get charged with a DUI if you violate any of the above BAC limits within two hours of driving. So, if you receive a blood test after a DUI arrest within two hours of being behind the wheel, you could face charges if your test results confirm your impairment or an illegal BAC.

Classes of DUI Charges

Not all DUI charges are the same. Instead, DUIs fall into three classes:

• Ordinary DUI: A BAC of at least 0.08 but less than 0.149.
• Extreme DUI: A BAC of at least 0.15 but less than 0.199.
• Super Extreme DUI: A BAC of 0.20 or more.

Aggravated Charges

You could also receive enhanced charges and penalties in other situations, including:

• Felony Aggravated DUI: State law says you could also receive an aggravated DUI for impaired driving under several conditions. This includes when you have certain driving restrictions, such as when you need to use an ignition interlock device or your license is suspended, canceled, or revoked. You could also receive an aggravated DUI for driving while impaired with someone under 15 in the vehicle, among other situations. A conviction for aggravated DUI could result in a felony.
• Aggravated Assault or Manslaughter: When you drive while impaired and cause an accident resulting in injuries or fatalities, you could receive more than a DUI charge. You could also face manslaughter or aggravated assault charges. A conviction for either of these charges could lead to a felony.

Common Penalties for a DUI Conviction in Arizona

As noted by the Arizona Department of Transportation (ADOT), you could face the following fines and penalties if you receive a DUI conviction:

• DUI – First Offense: You can receive a minimum $1,250 fine and ten days in jail. You may also be required to use an ignition interlock device and undergo community service.
• DUI – Second Offense: You may need to pay at least $3,000 in fines and serve 90 days in jail. You’ll need to use an ignition interlock device and perform community service.
• Extreme DUI – First Offense: This offense entails at least $2,500 in fines and 30 days in jail. Ignition interlock device use will be required along with community service.
• Extreme DUI – Second Offense: Expect to pay at least $3,250 in fines and spend at least 120 days in jail. Use of an ignition interlock device and community service is required.
• Aggravated DUI – First Offense: You could spend up to two years in prison with one-year license revocation. You’ll also need to use an ignition interlock device and perform community service.

You may face many other penalties for a DUI, including a license suspension, probation, points on your license, and mandatory substance abuse education. Again, your specific penalties typically depend on the severity of your offense.

If you face a license suspension, you can request an administrative hearing to review the suspension. However, you have a limited window to make this request, so you should act promptly.

Other Penalties for Repeat DUI Offenders

Drivers who commit more than one DUI often see the harshest consequences. One reason for this is that the state wants to reduce the likelihood that drivers will drive drunk again in the future.

The Arizona Department of Public Safety notes that repeat DUI offenders may face several unique consequences to deter them from future DUI offenses. Some of these approaches may provide alternatives to jail time for certain offenders.

They could include:

• Vehicle Impoundment: If the police believe you could cause other drivers injury or death, they can impound your car. They can also do so if you need to drive with an ignition interlock device, but don’t have the device installed in your car. Research shows that impounding a vehicle can reduce the recurrence of a DUI offense by 38 percent.
• Ignition Interlock: You may need to have an ignition interlock device installed after a DUI or repeat DUI. These devices require that you give a breath sample before you can turn on the vehicle. Violating an ignition interlock device requirement can lead to additional penalties, such as a longer period in which you must drive with the device. Requiring drivers to use these devices for a year after a DUI conviction can reduce the likelihood of a repeat DUI by 75 percent.
• Probation Supervision and Treatment: Some repeat offenders will serve jail time, while others may receive alternative options. Intensive probation strategies attempt to address the root cause of an offender’s drinking problem and offer a combination of counseling and monitoring. Through this approach, repeat DUIs can be reduced by 48 percent.
• Electronically Monitored House Arrest: In some cases, people with a DUI conviction can remain at home under house arrest instead of jail time. This approach requires that offenders wear a device on the wrist or ankle to transmit their location data. They may also need to take a breath test at certain intervals as prompted by a phone call. House arrest strategies can reduce the chances of another DUI by 31 percent.