Driving Under the Influence (DUI) in Arizona could be a Costly Mistake
Driving under the influence (DUI) of drugs or alcohol is a serious offense in Arizona. In this post, we will discuss Arizona DUI laws in detail, including the legal blood alcohol content (BAC) limit, penalties, and potential consequences.
BAC Limit: In Arizona, the legal BAC limit for drivers who are over 21 years of age is 0.08%. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, it is 0.00%. These limits are strictly enforced, and drivers who exceed the legal limit can be charged with DUI.
DUI Checkpoints: In Arizona, law enforcement agencies conduct DUI checkpoints to detect impaired drivers. At these checkpoints, officers stop vehicles to check for signs of impairment. If the driver appears to be under the influence, the officer will perform field sobriety tests and breathalyzer tests. The checkpoints are conducted in a non-discriminatory manner, and the location and timing are announced in advance.
Implied Consent Law: Arizona has an implied consent law, which means that anyone who operates a motor vehicle on public roads gives implied consent to chemical testing if suspected of DUI. If a driver refuses to take a chemical test, they face a license suspension of 12 months for the first refusal and 24 months for any subsequent refusal.
Penalties: The penalties for a DUI in Arizona vary depending on the circumstances. The first offense is typically charged as a misdemeanor, while subsequent offenses are charged as felonies. The following are the penalties for a first-offense DUI in Arizona:
Jail Time: Up to six months
Fine: Up to $2,500
License Suspension: 90 days
Ignition Interlock Device: Required for at least 12 months
Alcohol or Drug Screening: Required
Community Service
For a second offense within a period of 84 months, the penalties are much harsher. They include:
Jail Time: 30 to 90 days (minimum)
Fine: Up to $2,500
License Suspension: 1 year
Ignition Interlock Device: Required for at least 12 months
Alcohol or Drug Screening: Required
Community Service: 30 hours minimum
Aggravated DUI: Aggravated DUI is a felony charge that carries much harsher penalties than a standard DUI. In Arizona, aggravated DUI is charged when a driver commits a DUI offense while their license is suspended, revoked, or canceled; has two or more previous DUI convictions within the past seven years; commits a DUI offense with a passenger under 15 years of age in the vehicle; or when a DUI is committed while driving the wrong way on a highway. Keep in mind, other felony offenses may be charged if an accident is caused by the driver.
Penalties for Aggravated DUI: The penalties for aggravated DUI in Arizona are much harsher than those for standard DUI. For a first offense, the penalties may include:
Prison time: Up to 2.5 years
Fine: Up to $150,000
License revocation
Community service
Ignition interlock device: Required for at least 12 months
For a second Aggravated DUI, the penalties may include:
Prison time: up to 7.5 years
Fine: Up to $150,000
License revocation
Community service
Ignition interlock device: Required for at least 24 months
For a third Aggravated DUI, the penalties may include:
Prison time: up to 15 years
Fine: Up to $150,000
License revocation
Community service
Ignition interlock device: Required for at least 36 months
Other Consequences: Apart from the legal penalties, a DUI conviction in Arizona can have other consequences that can impact an individual's life in various ways. These include:
Higher Insurance Rates: DUI convictions can cause insurance rates to go up, and in some cases, the individual may find it difficult to obtain insurance.
Employment: A DUI conviction can impact employment opportunities, especially if the individual's job involves driving.
Professional Licenses: Professionals who hold state licenses may lose their licenses or face disciplinary action for a DUI conviction.
Criminal Record: A DUI conviction results in a criminal record that can impact an individual's ability to secure loans, rent an apartment, or obtain a professional license.
Defenses Against DUI Charges: There are several defenses that a defendant can use to challenge DUI charges in Arizona. Some of these defenses include:
Challenging the validity of the field sobriety tests and breathalyzer tests
Proving that the traffic stop was illegal
Showing that the officer did not have probable cause to make an arrest
Demonstrating that the chemical tests were not administered properly or were inaccurate
Conclusion: DUI is a serious offense in Arizona, and the penalties are severe. It is essential to understand the legal BAC limit and the potential consequences of a DUI conviction. Individuals who are facing DUI charges in Arizona should seek expert legal representation and explore all options to avoid or reduce the penalties.
Millar Law was founded by a Former DUI Prosecutor experienced in handling DUI cases. If you’ve been charged with a DUI in Arizona, Call Us for a Free Case Review with an Experienced DUI Lawyer.
To learn more details about DUIs in Arizona, visit our Driving Under the Influence Page.
