Arizona DUI laws are strict. They allow prosecutors to pursue charges with or without a suspect’s blood alcohol concentration (BAC), and they impose steep penalties for both first-time and repeat offenders. They also do not provide a critical opportunity for avoiding a DUI conviction that is available in other states. As a result, if you are facing a DUI charge in Arizona, you must have a clear understanding of what is at stake and the options you have available.
What You Need to Know About Arizona’s DUI Laws
While you can—and should—hire a lawyer to protect you if you are facing a DUI charge, it will be helpful for you to learn some of the basics before your initial consultation. With this in mind, here is an overview of what you need to know about Arizona’s DUI laws if you have been arrested:
The Four Types of DUI Charges Under Arizona Law
While most state laws only have one or two types of DUI offenses, Arizona’s DUI statute establishes four. Depending on the circumstances of your case, you could be facing either an “ordinary” DUI, an extreme DUI, a super extreme DUI, or an aggravated DUI.
- “Ordinary” DUI – You can be charged with an “ordinary” DUI in Arizona if: (i) your blood alcohol concentration (BAC) is between 0.08 percent and 0.14 percent, or (ii) you are “under the influence of intoxicating liquor.” This means that prosecutors can either prove that your BAC was over the legal limit or prove that you were under the influence—they do not need to prove both.
- Extreme DUI – You can be charged with an extreme DUI in Arizona if your BAC is between 0.15 percent and 0.19 percent at the time of your arrest.
- Super Extreme DUI – You can be charged with a super extreme DUI in Arizona if your BAC is 0.20 percent or above at the time of your arrest.
- Aggravated DUI – You can be charged with an aggravated DUI in Arizona if you are caught driving on a suspended license, have (or are supposed to have) an ignition interlock device in your vehicle, have two (or more) prior DUIs in the past 84 months, get arrested for driving on the wrong side of the highway, or have a child under age 15 in your vehicle. In all cases, an aggravated DUI is a felony offense.
Each of Arizona’s four types of DUI charges carries its own unique set of penalties—all of which increase substantially for repeat offenders. If you cause an accident while driving under the influence, this can lead to additional charges (and additional penalties) under Arizona law as well.
Arizona’s Underage DUI Law
While Arizona’s BAC limit for drivers over age 21 is 0.08 percent, the state has a zero-tolerance policy for drivers who are under 21 years old. This means that drivers under age 21 can face DUI charges if they register any BAC at all. However, if an underage driver’s BAC is over 0.08 percent, or if an underage driver is impaired even “to the slightest degree,” then Arizona’s underage DUI law does not apply. Instead, the underage driver will face one of the charges listed above.
Arizona’s Implied Consent Law
Another one of Arizona’s DUI laws that can play an important role in your case is the state’s implied consent law. Under this law, you are required to provide a BAC sample during a drunk driving stop. As Section 28-1321.A of the Arizona Revised Statutes states:
“A person who operates a motor vehicle in this state gives consent . . . to a test or tests of the person’s blood, breath, urine or other bodily substance to determine alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of [Arizona’s DUI laws] . . . .”
If you refuse a breath test in violation of Arizona’s implied consent law, you can be penalized regardless of your level of impairment (if any). To have any chance of avoiding these penalties, you must quickly request an administrative hearing with the Arizona Motor Vehicle Division (MVD).
Arizona’s Penalties for DUIs and Implied Consent Violations
DUI charges and implied consent violations carry steep penalties under Arizona law. To ensure that you are making informed decisions about your defense, you need to make sure you have a clear understanding of the penalties that are on the table.
Arizona’s DUI Plea Bargaining Law
Arizona’s DUI laws allow plea bargaining in all types of drunk driving cases. If prosecutors have the evidence they need to convict you, then relying on your DUI lawyer to negotiate a plea bargain could be your best option.
In most cases, plea bargaining in Arizona DUI cases involves pleading guilty to reckless driving, or a “wet reckless.” While wet reckless charges still carry penalties, these penalties are nowhere near as severe as the penalties for a DUI.
Arizona’s DUI Diversion Law
In some states, another option for avoiding a DUI conviction is entering into a DUI diversion program. But, this is not an option in Arizona. Despite the benefits of these programs, Arizona has yet to enact a DUI diversion law.
Arizona’s DUI Expungement Law
While Arizona also does not have a DUI expungement law, a recently enacted law now allows DUIs to be “sealed” in certain circumstances. Sealing your record does not eliminate your DUI; however, it can prevent your DUI from coming up during background checks conducted by employers, landlords, and certain other parties.
Request a Free Consultation with a Phoenix DUI Lawyer at The Weingart Firm
If you were arrested for drunk driving and need to know more about Arizona’s DUI laws, we encourage you to contact us promptly for a free consultation. To speak with an experienced Phoenix DUI lawyer at The Weingart Firm as soon as possible, call 480-897-8737 or tell us how we can reach you online now.