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Originally Posted On: https://thevalleylawgroup.com/blog/az-dui-laws/

Arizona DUI Laws: Limits, Penalties, and Zero-Tolerance Policies

Arizona has instituted harsh penalties for DUI offenses to deter individuals from making potentially life-altering decisions behind the wheel. Arizona DUI laws can require first-time offenders to face time in jail and pay fines, while repeat offenders experience more serious consequences. It is important to understand the complexities of these laws, such as the Arizona alcohol limit for drivers, in order to avoid such harsh repercussions.

Keep reading to learn everything you need to know about Arizona DUI laws, DUI classifications, penalties, and the state’s zero-tolerance policy. Arizona DUI law is complex and can be difficult to understand, and our DUI attorneys have provided the essential details you need before embarking on a DUI defense journey.

What Are The DUI Laws in Arizona?

What constitutes a DUI can vary from state to state depending on the laws in place, so it is important to understand what the law says here in Arizona. Arizona law defines DUI as a condition in which any person is in actual physical control of a vehicle while under the influence of drugs or alcohol. While most people charged with DUI are driving, motorists can be charged with DUI while parked, depending on the location of the vehicle, the manner of parking, and the location of the keys.

Legal Limits and Zero-Tolerance Policies

While this law applies to everyone in control of a vehicle, the state has defined legal limits for driving after drinking for adults over 21 and no such limits for those under the legal drinking age of 21.

For those who are 21 and above, the legal alcohol limit in Arizona delineates the concentration of alcohol that may be in your blood while driving. For those operating a standard vehicle, the percentage is a BAC (blood alcohol concentration) of 0.08%. For commercial drivers, it is 0.04%.

For those under 21 or those who appear impaired or intoxicated, it is illegal to drive with any percentage of blood alcohol concentration.

Put more succinctly, there is no tolerance for any alcohol or drug consumption if:

• You are under the legal age of consumption (21)
• You show signs of impaired driving
• You are visibly intoxicated

If any of the above are true, even a .05% BAC can be grounds for a DUI charge based on alcohol consumption. A lower BAC may indicate that you have other intoxicating chemicals in your system. Any DUI charges can have significant consequences that can impact your driving record for a long time.

Types of DUI Offenses in Arizona

There are many specific types of charges that a person can receive concerning Arizona DUI laws. Each of these is determined based on an array of factors, such as how much alcohol was present, whether this was a first or repeated offense, and the degree of impairment.

Standard DUI

A standard DUI offense is for those who have a BAC of 0.08% or higher or exhibit impairment due to the influence of drugs. If you are found with a higher BAC than is legal, your driving privileges and rights will be revoked immediately. In order to restore your privileges or to receive a restricted permit, you will be required to submit to an alcohol or drug screening.

Extreme DUI

Extreme DUI charges are for those with a BAC of 0.15% or higher. Conviction of an extreme DUI offense can result in at least a month of time in jail without probation, a fine of at least $2,500, community service, alcohol education and treatment, and the installation of a certified ignition interlock device on your vehicle(s).

Super Extreme DUI

A DUI charge becomes super extreme when the BAC is at 0.20% or higher. Consequently, the penalties increase as the offense becomes more serious. Super extreme DUI charges can result in one or two months in jail, as well as between $2,700 and $3,100 in fines.

Aggravated DUI

There are a few conditions that can warrant an aggravated DUI charge, such as driving under the influence while a minor under the age of 15 is in the car, driving with a suspended license, or having multiple DUI offenses. The penalties for aggravated DUI can be up to two years in jail, mandatory alcohol screening and treatment, and community service. Licenses and driving privileges may also be revoked or restricted.

Penalties for DUI in Arizona

Penalties for a DUI in Arizona can fluctuate depending on both the level of DUI and how many DUI offenses you have had previously. Even if it is only your first offense, you could face a short jail sentence and hefty fines. Understanding the severity of the penalties before making a decision to drive under the influence can save you time, money, and your driving privileges in the future.

First Offense Penalties

A first-offense DUI charge in Arizona is classified as a Class 1 misdemeanor.

The consequences of this charge can include:

• Ten consecutive days in jail
• A fine of at least $1,250.00
• Required alcohol treatment, education, and screening
• License suspension
• Required installation of a certified ignition interlock device on your car
• Hours of community service

Repeat Offense Penalties

In Arizona, a repeated DUI offense can significantly increase the severity of the penalties you receive. Since a first-time offense requires education concerning the seriousness of driving while under the influence, a repeated offense is treated much more harshly.

Some penalties include:

• At least a month of jail time
• Fines of $3,000 or more
• License revocation of a year or longer
• Required installation of an ignition interlock device for at least a year

Those facing a third offense within seven years will be charged with a felony.

Felony penalties for DUI include:

• A required prison sentence of four months or more
• License revocation for one year
• Required installation of an ignition interlock device for at least two years
• $4,000 or more in fines

Additional Consequences Explained

One common penalty for repeat DUI offenders in Arizona is the requirement of an ignition interlock device to be placed on their vehicle. This device functions by preventing a vehicle from starting if it detects alcohol on the driver’s breath. Before starting the vehicle, the driver is required to blow into the breathalyzer, which can detect even a faint presence of alcohol.

Another additional consequence of DUI charges in Arizona is increased insurance rates. If you are convicted, your auto insurance premiums will rise. After a criminal DUI conviction, you are required to obtain a specific vehicle liability insurance document that proves you have special coverage. This type of insurance is significantly more expensive than what a driver would normally pay.

Zero-Tolerance Policy in Arizona

Arizona’s zero-tolerance policy, enacted through ARS 28-1381, states that a driver who has exhibited signs of impaired driving or intoxication can be arrested for DUI regardless of their blood alcohol content. Zero-tolerance can apply to both alcohol consumption and the consumption of other substances.

• Alcohol Consumption – If, for example, a driver was weaving in and out of the correct lane and appeared intoxicated to officers during a field sobriety test, they can be charged with DUI with just a .05 BAC.
• Substance Consumption – If an officer observes impaired or intoxicated behavior from a driver who does not have alcohol in their system but tests positive for other substances, the driver can be charged with DUI. This is true of illicit drugs as well as medical cannabis and other prescription and even over-the-counter medications that can cause impaired driving.

The purpose of the law is to prevent drivers from operating a motor vehicle if they are impaired to the most minuscule degree. Even a trace of alcohol, medical marijuana, prescription medications, or other drugs can result in a DUI if an officer observes potentially impaired driving or signs of intoxication.

With the legalization of medical and recreational cannabis in the state and the continued use of illicit drugs and prescription medications, Arizona has trained certain law enforcement officers to recognize the signs of impairment. This can include red eyes, dilated or constricted pupils, pulse rate, muscle tone, and more. Lack of alcohol in the blood coupled with impaired driving and these signs of intoxication can result in a zero-tolerance DUI if it is revealed that there are drugs or drug metabolites in the driver’s system.

It is important to note that while drivers with medical marijuana cannot be charged with marijuana possession, marijuana metabolites at levels consistent with intoxication can result in DUI charges.

Zero Tolerance Policy and Underage DUI in Arizona

Arizona’s zero-tolerance policy was initially created to target individuals under the age of 21. For those under 21, it is illegal to operate a vehicle with any percentage of alcohol in the system. Regardless of the BAC percentage, a driver who is under 21 will face a DUI charge if caught driving with alcohol in their blood.

Penalties for underage DUI charges are strict. First offenses are considered Class 1 misdemeanors and can result in the following: 

• A required sentence of up to 6 months in jail
• A fine of up to $750
• A potential two-year license suspension
• Community service

For someone under the age of 21, losing a driver’s license and driving privileges for two years is often the worst punishment. This law is purposefully strict in hopes of dissuading young adults from continuing a lifestyle of drinking and driving.

Since the consequences are so harsh for a first-time offender under the legal drinking age, it is important to understand the zero-tolerance DUI laws and be compliant with them. By avoiding alcohol before or during your drive, you can maintain your driving privileges and freedom while also keeping a clean record and lower insurance premiums.

Defenses Against DUI Charges in Arizona

There are a variety of defense approaches you and your DUI attorney may take if you are charged with a DUI in Arizona. The details will depend on how many prior offenses you have, the circumstances surrounding your charge, and any other relevant factors.

Some of the most common DUI defenses include the following:

Challenging BAC Results

There are instances in which a breathalyzer test malfunctions, but the data obtained from it is still used. Faulty information should not be used in court. If this is the case, your defense lawyer may be able to request a dismissal of charges.

Challenging the Officer’s Judgment

Zero-tolerance laws give Arizona law enforcement officers a great deal of discretion when it comes to interpreting driver behavior. For example, they may believe a lane change occurred due to the intoxicating effects of alcohol, but then learn that your BAC is well below the legal limit. Unfortunately, you may be charged with DUI anyway. A skilled DUI attorney can question the officer’s judgment and challenge your charges.

Questioning the Legality of the Traffic Stop

Police officers must have a reason for stopping you and testing you for alcohol before doing so. This is called reasonable suspicion. For example, if an officer noticed you swerving on the road while driving, they may pull you over to question what was making you swerve. If there was no reason to pull you over or if the stop was done illegally, evidence found during a search could be dismissed.

Questioning Police Procedure During the Stop

Officers conducting a DUI stop and arrest must follow proper procedure to ensure a legal arrest. If the officer failed to inform you of your right to remain silent or your right to have an attorney present – known as your Miranda rights – your attorney may be able to challenge the validity of your arrest. Similarly, if the officer failed to properly administer the field sobriety test or ignored important physical limitations that affected the outcome of the test, your attorney may be able to challenge the arrest due to procedural errors.

Disputing Evidence

In DUI cases, evidence is the most important factor in proving guilt. If the breathalyzer was not calibrated properly or blood samples for a BAC were tainted or otherwise improperly drawn or stored, an attorney can challenge the evidence leading to your charges. In cases regarding medical marijuana, prosecutors often insist that any amount of marijuana metabolites violates zero-tolerance policies despite requirements that intoxicating levels must be present, but your attorney may be able to prove that you had non-intoxicating levels of marijuana metabolites in your system at the time of your arrest.

Challenging Parked-Car DUIs

If you received a DUI for being intoxicated while “in physical control” of a parked car, your attorney may be able to challenge these charges. They can use the location of your keys coupled with the manner in which the car is parked or its location to demonstrate that you were only taking shelter in your vehicle and did not intend to drive it.

Why Legal Help Matters

Hiring an experienced defense attorney who has handled DUI cases before is crucial to building a strong defense and protecting your rights. While you are not required to hire an attorney for DUI charges, it can be extraordinarily beneficial for you to do so.

Defense attorneys are highly familiar with the state laws surrounding DUI charges, and they can find holes in the claims of the prosecution that you may not notice. They can also help you to understand and stay informed of your rights throughout the legal process.

The Role of The Valley Law Group

At The Valley Law Group, we have extensive experience in handling DUI cases. Our firm offers a wide sphere of DUI defense services so that we can help you achieve the best outcome in your case. Steps we can take together include the following:

Planning an Initial Consultation

You are important to us, and it is important that we get to know you personally and understand the details of your specific case. We want to understand your side of the story so that we can better defend you. From here, we can outline a strong plan of action for your case.

Conducting an Investigation and Gathering Evidence

The most important aspect of DUI cases is the evidence that is presented by both sides. Cases are determined by facts. A strong defense case is grounded in facts that support the defense. This can include anything from witness testimonies, video footage, police reports, and expert witness statements.

Negotiating with the Prosecution

In some cases, it may not be possible to have the case dismissed, but we refuse to stop there. Even if we cannot get your charges dismissed, we will fight for reduced sentencing. This can sometimes happen during bargaining with the prosecution. Reduced sentencing can significantly impact the negative implications of DUI penalties in your life.

Representation During Court

Not all instances of DUI charges will go to court, but some will. If your case requires you to appear in court, know that you do not have to go alone. It can be uncomfortable to walk into an unfamiliar courtroom, but knowing our experienced attorneys are by your side and ready to fight for you can bring you peace of mind and comfort.

Support After Your Trial or Conviction

Our work is not complete after you have been convicted of a DUI charge or even if your case was dismissed. There are many steps you may need to take after a conviction, such as having your license reinstated and rebuilding various aspects of your life. We are here to support you during this time as well.

More About the DUI Laws in Arizona

In conclusion, understanding the gravity of Arizona’s DUI laws is essential for anyone who gets behind the wheel. Arizona enforces some of the toughest DUI penalties in the country, even for first-time offenders, with life-altering consequences that may include hefty fines, license suspension, and potential jail time. Repeat offenders face even harsher penalties, which can severely impact their personal and professional lives.

Arizona’s zero-tolerance policy applies to all drivers and makes it illegal to drive with any amount of alcohol or drugs that impair your ability to operate a vehicle—regardless of age. For drivers under 21, the law is even stricter, prohibiting any measurable amount of alcohol in their system. This unwavering approach reflects the state’s commitment to keeping its roads safe.

By staying informed and adhering to Arizona’s DUI laws, drivers can not only protect themselves but also contribute to safer communities and avoid devastating legal consequences.

Arizona DUI Laws FAQs

DUI laws in Arizona are complex and can be difficult to understand, especially if you or a loved one are carrying the burden of facing DUI penalties. Below are answers to some frequently asked questions.

Will a DUI Charge Stay on My Record?

In the state of Arizona, a DUI conviction will remain on your criminal record permanently. However, you may file a petition with the court to seal the record. When you file this type of petition, there is no guarantee that it will be granted. In some cases, such as future criminal activity, the record may still be accessed by certain people. Because DUI convictions remain on your record, they can have a great impact on your life in regard to housing, future employment, and other personal matters.

Can I Obtain Limited Driving Privileges After Having My License Revoked?

When your driver’s license is revoked, all of your driving privileges are taken away until your license is reinstated. This is different from having them suspended. If your license has been suspended, you will likely receive it back after a short period of time. To reinstate your license after it has been revoked, you will need to wait until the end of the revocation period before completing an investigation packet and applying to have it reinstated.

What Is a Field Sobriety Test?

There are various kinds of field sobriety tests that can be used by a police officer to determine if an individual is under the influence of drugs or alcohol, and most officers choose to utilize multiple during a traffic stop where they suspect DUI. The horizontal gaze nystagmus test is a visual test that gauges a person’s eye movements. The walk-and-turn test requires the driver to walk heel to toe in a straight, unwavering line before turning and repeating the action. The one-leg stand test requires the driver to balance on only one leg. Along with an officer’s discretion, these can all test for sobriety.

How Accurate Are Breathalyzer Tests?

The accuracy of a breathalyzer test can vary depending on multiple factors. PAS devices are the types of breathalyzers that officers use to test a driver they believe to be intoxicated. These devices do not necessarily test the precise amount of alcohol that is in a person’s system, but rather help officers to assess the probability that a driver is intoxicated. Various PAS devices are built differently, meaning that the accuracy of their information varies.

What Is Considered Probable Cause for Pulling a Driver Over?

Probable cause is a key element in any law enforcement process. It refers to facts or circumstances that lead an officer to believe that someone has committed a crime or is about to. Some elements that could be considered probable cause for pulling someone over include the driver swerving between lanes, driving extremely slow, inconsistent speed patterns, and more. If a case goes to court, it is up to a judge to decide whether the officer had probable cause.

Can I Get a CDL After a DUI in Arizona?

If you are applying for a commercial driver’s license or CDL, the process will require a great deal of information from you, including your driving history. Ultimately, it is up to the discretion of the employer whether to employ someone with a DUI charge on their record.

If you or a loved one have been charged with a DUI, it is important to seek legal help as soon as possible. We have handled many DUI cases and are ready to help you build a strong defense. Determining the right steps to take as you face your DUI charges can be stressful, which is why we are here to answer any questions you may have.

Contact The Valley Law Group today to learn more about how we can help and to schedule an initial consultation.

Sources: 

1. Arizona Department of Public Safety. (n.d.). Impaired driving in Arizona. Retrieved from https://www.azdps.gov/services/enforcement-services/impaired-driving#:~:text=In%20Arizona%2C%20if%20you%20are,%2C%20under%2021%20%2D%200.00%25)
2. Arizona Department of Transportation. (n.d.). License revocation and suspension. Retrieved from https://azdot.gov/mvd/services/driver-services/license-revocation-and-suspension
3. Arizona Governor’s Office of Highway Safety. (n.d.). Impaired driver training. Retrieved from https://gohs.az.gov/highway-safety-programs/impaired-driver-training