Understanding Arizona DUI Laws: Protect Your Rights with Expert Criminal Defense
Facing DUI Arizona 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 three of the most common DUI charges in Arizona: Driving Under the Influence (DUI), Extreme DUI, and Aggravated DUI. It explains key terms and sentencing guidelines. It also answers frequently asked questions about these charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are facing Arizona DUI charges, consult with a qualified Arizona DUI attorney as soon as possible.
Key Concepts of an Arizona DUI:
- Actual physical control of a vehicle means you have control of a vehicle and that control presents a real danger to you or others. Under this theory, you could be charged with DUI even if you weren’t actually driving. Proving actual physical control is fact specific. Evidence that is considered when determining actual physical control includes:
- whether the vehicle was running;
- whether the ignition was on;
- where the ignition key was located;
- where and in what position you were found in the vehicle;
- whether you were awake or asleep;
- whether the vehicle’s headlights were on;
- where the vehicle was stopped;
- whether you 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 to the slightest degree means your ability to operate a vehicle was diminished due to drugs or alcohol. Any impairment will satisfy this DUI element. There are no specific alcohol or drug concentration thresholds. This means you can be charged with DUI even if your alcohol concentration is below the legal limit of 0.08.
- 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 or their metabolites can also be the basis of an Arizona DUI charge. Qualifying drugs include marijuana, cocaine, methamphetamines, and other controlled substances. The full list of drugs that can result in a DUI is extensive. Most DUI drugs fall into the following general categories: cannabis, dangerous drugs, narcotic drugs, and prescription-only drugs.
Driving Under the Influence: ARS 28-1381
Arizona DUI Elements:
The crime of driving under the influence is defined by ARS 28-1381 and goes beyond what many think of as only Arizona drunk driving laws. Driving under the influence is defined broadly. You can be charged with DUI in Arizona if you’re driving or in actual physical control of a vehicle under any of these circumstances:
- While under the influence of alcohol or drugs to the slightest degree
- With a blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving
- With any qualifying drugs or drug metabolites in your body
- While driving a commercial vehicle with a BAC of 0.04 or higher
- While driving a taxi, Uber, or other vehicle for hire with a BAC of 0.04 or higher.
Arizona DUI Penalty Chart:
| 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 |