Understanding Arizona DUI Laws: ARS 28-1381
Facing Arizona DUI charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the DUI laws in Arizona. It explains key terms and provides an Arizona DUI penalty chart. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona DUI attorney. If you are charged with DUI Arizona, consult with a qualified Arizona DUI attorney as soon as possible.
What is a DUI in Arizona?
Driving under the influence (DUI) is broad and extends beyond what many think of as Arizona drunk driving laws. The definition in ARS 28 1381 includes more than just driving while impaired by alcohol, which is what most people think of when defining DUI.
Arizona DUI laws define driving under the influence as driving or being in actual physical control of a vehicle under any of the following circumstances:
- While under the influence of alcohol or drugs if impaired to the slightest degree.
- With an alcohol concentration of 0.08 or higher within two hours of driving or being in actual physical control of the vehicle, and the alcohol concentration results from alcohol consumed before or while driving or being in actual physical control of the vehicle.
- With drugs or drug metabolites in the body.
- While driving a commercial vehicle (e.g. semi-truck, bus) with an alcohol concentration of 0.04 or higher.
- While driving a vehicle for hire (e.g. taxi) or as a transportation network company driver (e.g. Uber) with an alcohol concentration of 0.04 or higher.
Key Elements of ARS DUI:
- Actual Physical Control: Proof of actual physical control of a vehicle considers all relevant factors to determine whether the present or imminent control of the vehicle posed a real danger to the person controlling it or others. Evidence that will be considered when determining actual physical control include whether the vehicle was running; whether the ignition was on; where the ignition key was located; where and in what position the person was found in the vehicle; whether the person was awake or asleep; whether the vehicle’s headlights were on; where the vehicle was stopped; whether the person had voluntarily pulled off the road; time of day; weather conditions; whether the heater or air conditioner was on; and whether the windows were up or down.
- Impairment: Impaired to the slightest degree means any adverse effect on a person’s ability to operate a vehicle due to drugs or alcohol. This standard does not rely on a specific alcohol or drug concentrations. This means a person can be charged with DUI even if their alcohol concentration is below the legal limit of 0.08.
- Alcohol Concentration: Alcohol concentration is primarily determined through the analysis of blood or breath samples. Generally, an alcohol concentration of 0.08 or higher within two hours of driving qualifies as a DUI. For commercial drivers, an alcohol concentration of 0.04 or higher within two hours of driving is enough to be convicted of DUI.
- Drugs: The list of specific drugs that can result in a DUI is extensive. Most of these drugs fall into the following general categories: cannabis, dangerous drugs, narcotic drugs, and prescription-only drugs.
Sentencing Under Arizona DUI Laws:
Arizona DUI penalties are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. The following Arizona DUI penalty chart summarizes the potential consequences for each type of offense:
| 1st Offense | 2nd Offense (within 7 years) | |
|---|---|---|
| Offense | Alcohol concentration 0.08 to 0.14, drugs, or impaired to the slightest degree | Alcohol concentration 0.08 to 0.14, drugs, or impaired to the slightest degree |
| Class | Class 1 misdemeanor | Class 1 misdemeanor |
| Jail (minimum) | 10 days (9 days may be suspended if alcohol or other drug screening, education or treatment program completed) | 90 days (60 days may be suspended if alcohol or other drug screening, education or treatment program completed) |
| DUI Fines in Arizona | $1,250 | $3,000 |
| Community Restitution | Possible | Mandatory: no less than 30 hours |
| Ignition Interlock | Yes | Yes |
| Other | Traffic survival school | 1 year revocation of driving privileges; traffic survival school |
Felony DUI Arizona: A misdemeanor DUI Arizona becomes a felony DUI under the following circumstances:
- A third DUI within seven years.
- A DUI while your license is suspended, revoked, or restricted.
- A DUI with a child under 15 in the car.
- A DUI while driving the wrong way on a highway.
Frequently Asked Questions:
Key Takeaways:
- Definition and Scope: Driving under the influence involves operating or being in actual physical control of a vehicle while having prohibited levels of drugs or alcohol in your system, or while impaired by alcohol, drugs, or both.
- Elements of the Crime
- Actual Physical Control: Actual physical control is determined by the totality of circumstances, such as whether the vehicle was running, where the person was found in the vehicle, and other factors indicating control over the vehicle.
- Impairment: Impairment to the slightest degree due to drugs or alcohol can result in a DUI charge, regardless of the levels.
- Alcohol Concentration: An alcohol concentration of 0.08 or higher within two hours of driving qualifies as DUI. For commercial drivers, the limit is 0.04.
- Drug Presence: DUI charges can be based on the presence of drugs or their metabolites in the body.
- Sentencing:
- First Offense: Minimum of 10 days in jail (9 days may be suspended), fines starting at $1,250, possible community restitution, and mandatory ignition interlock device.
- Second Offense (within 7 years): Minimum of 90 days in jail (60 days may be suspended), fines starting at $3,000, mandatory community restitution, ignition interlock device, and 1-year revocation of driving privileges.
- Classification: An Arizona DUI is classified as a class 1 misdemeanor.
Next Steps:
Arizona DUI laws are strict and come with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing DUI Arizona charges, under ARS 28-1381, engaging a skilled Arizona DUI attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.