Understanding Arizona DUI Laws: ARS 28-1381
Facing DUI Arizona charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information about the charge and the possible penalties, helping you understand each step of the process.
This guide explains what you need to know about DUI under ARS 28-1381. It breaks down the law in plain language, explains the key legal terms, and shows you what sentencing could look like if you are convicted. It also answers common questions people ask when facing 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 charged with DUI in Arizona, let Lawyer Listed match you with your ideal Arizona DUI attorney as soon as possible.
What is DUI Arizona?
Arizona DUI laws do not equal Arizona drunk driving laws. Arizona DUI laws are not limited to someone drunk behind the wheel. Under DUI laws in Arizona, you can be charged with driving under the influence if you drive or are in actual physical control of a vehicle in any of these situations:
- While under the influence of alcohol or drugs regardless of your level of impairment.
- With an alcohol concentration of 0.08 or higher within two hours of driving or being in actual physical control of the vehicle. The alcohol must have been consumed before or while you were driving or controlling the vehicle.
- With any illegal drugs or their metabolites in your body.
- While operating a commercial vehicle (like a semi-truck or bus) with an alcohol concentration of 0.04 or higher.
- While driving a vehicle for hire (like a taxi) or working as a rideshare driver (like for Uber or Lyft) with an alcohol concentration of 0.04 or higher.
Elements of Arizona DUI
Elements of DUI 28-1381(A)(1): Under the Influence
To convict you of DUI under this statute, the prosecution must prove three elements beyond a reasonable doubt:
You drove or were in actual physical control of a vehicle.
At the time of driving or actual physical control, you were under the influence of alcohol, drugs, or a combination of both.
You were impaired to the slightest degree because you were under the influence of alcohol, drugs, or a combination of both.
Elements of DUI 28-1381(A)(2): Alcohol Concentration Above 0.08
To convict you of DUI under this statute, the prosecution must prove three elements beyond a reasonable doubt:
You drove or were in actual physical control of a vehicle.
Within 2 hours of driving or being in actual physical control of the vehicle, you had an alcohol concentration of 0.08 or more.
Your alcohol concentration resulted from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
Elements of DUI 28-1381(A)(3): Drugs
To convict you of DUI under this statute, the prosecution must prove two elements beyond a reasonable doubt:
You drove or were in actual physical control of a vehicle.
You had a drug or its metabolite listed in ARS 13-3401 in your body at the time of driving or actual physical control.
Key Concepts of DUI Arizona
- Motor Vehicle: A device used to carry people or property on a public road. Motor vehicles do not include electric bicycles, electric standup scooters, and devices moved by human power.
- Actual Physical Control: Present or imminent control of the vehicle in a way that poses a real danger to yourself or others. When determining actual physical control, the following evidence is considered:
- Was the vehicle running?
- Was the ignition on?
- Where was the ignition key?
- Where were you sitting in the vehicle, and in what position?
- Were you awake or asleep?
- Were the headlights on?
- Where was the vehicle stopped?
- Did you voluntarily pull off the road?
- What time of day was it?
- What were the weather conditions?
- Was the heater or air conditioner running?
- Were the windows up or down?
- Impairment: Under Arizona DUI laws, “impaired to the slightest degree” means any negative effect on your ability to operate a vehicle safely due to drugs or alcohol. This standard doesn’t require a specific alcohol or drug level. That means you can be impaired even if your alcohol concentration is below 0.08.
- Alcohol Concentration: The amount of alcohol in your system. Alcohol concentration is usually measured through blood or breath tests. Generally, an alcohol concentration of 0.08 or higher within two hours of driving qualifies as a DUI in Arizona. For commercial drivers, an alcohol concentration of 0.04 or higher within two hours of driving is enough for a DUI conviction.
- Drugs: Many different drugs can lead to DUI charges under ARS 28-1381. The drugs associated with DUI charges are listed in ARS 13-3401. Most fall into one of four categories: cannabis (marijuana), dangerous drugs, narcotic drugs, and prescription-only medications.
Felony DUI Arizona
Misdemeanor DUI Arizona charges escalate to felony DUI Arizona charges 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
Arizona Statute of Limitations for ARS DUI
The statute of limitations is the deadline for filing criminal charges after an alleged offense. For misdemeanor DUI, prosecutors generally have up to one year from the date of the alleged offense to bring charges.
Arizona DUI Penalty Chart
Arizona DUI penalties are tough and depend on several factors. These include the specific charge, your criminal history, and the circumstances of your arrest. The Arizona DUI penalty chart below shows 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) |
| Probation | Up to 3 years | Up to 3 years |
| DUI Fines in Arizona | $1,250 | $3,000 |
| Community Service | Possible | Mandatory: no less than 30 hours |
| Ignition Interlock | Yes | Yes |
| Other | Traffic survival school | 1 year revocation of driving privileges; traffic survival school |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Driving under the influence means operating or being in actual physical control of a vehicle while you have prohibited levels of drugs or alcohol in your system, or while you’re impaired by alcohol, drugs, or both.
- Elements of the Crime:
- Actual Physical Control: Present or imminent control of a vehicle in a way that endangers yourself or others. This is determined by looking at all the circumstances together. Factors include whether the vehicle was running, where you were positioned in the vehicle, and other details that show you had control over it.
- Impairment: Being impaired to the slightest degree by drugs or alcohol can result in DUI charges, no matter what your alcohol concentration or drug levels are.
- Alcohol Concentration: An alcohol concentration of 0.08 or higher within two hours of driving qualifies as a DUI. For commercial drivers, the limit drops to 0.04.
- Drug Presence: You can face DUI charges based on the presence of drugs or their metabolites in your body, even without proof of impairment in some cases.
- Sentencing: Arizona DUI is a Class 1 misdemeanor with the following possible penalties based on the Arizona DUI penalty chart:
- First Offense: Minimum of 10 days in jail (9 days may be suspended with program completion), up to 3 years of probation, DUI fines in Arizona starting at $1,250, possible community service, and a mandatory ignition interlock device.
- Second Offense (within 7 years): Minimum of 90 days in jail (60 days may be suspended with program completion), up to 3 years of probation, DUI fines in Arizona starting at $3,000, no less than 30 hours of community service, ignition interlock device, and 1-year revocation of driving privileges.
- Statute of limitations: The statute of limitations for DUI in Arizona is one year from the date of the offense.
Next Steps:
DUI Arizona charges are serious criminal allegations with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing charges for Arizona DUI under ARS 28-1381, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try to navigate the legal system alone; match with your ideal Arizona DUI attorney at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.