An Overview of DUI Penalties in Arizona
Each state has unique laws governing drinking and driving. Continue reading to learn about Arizona’s DUI administrative and criminal statutes.
Title 28-1381 is the primary statute for drunk driving laws in the state of Arizona. As in all states, the maximum blood alcohol concentration is .08 percent while driving, but the exact method for how these cases are handled and prosecuted differs from state to state. In the state of Arizona, driving under the influence of drugs, even prescription drugs, is against the law as well. According to subsection A-3 of the drunk driving statute, if a driver is arrested and they test positive for any drug in 13-3401 in their system, then they can be charged with the class 1 misdemeanor of “driving under the influence.”
If an individual is arrested under suspicion of driving under the influence, and a chemical test indicates that their BAC is .05 to .08 percent, then they may or may not be charged with driving under the influence. In Arizona law, the margin of error in chemical tests makes it too close to tell. For this reason, an individual can be charged with DUI for having .05 to .08 percent BAC if there are other supporting evidences of guilt.
A person convicted of a class 1 misdemeanor DUI may be sentenced to the following penalties: 1) Serve a minimum of ten consecutive days in jail, 2) Pay a minimum fine of $250, and 3) Community restitution/ community service. These penalties will increase with each subsequent DUI offense, provided that the second offense falls within a period of 84 months (seven years). According to the Arizona statutes, a second or subsequent DUI within 84 months of the previous can warrant a minimum jail sentence of 90 days, minimum $500 fine and a minimum of 30 hours’ community restitution.
In the state of Arizona, there is also something called “Extreme DUI” according to Title 28-1382. Anyone who is arrested and tested to have a .15 or higher BAC can be charged with an extreme DUI. Arizona’s DUI laws are also unique in that there are aggravated DUI charges. In some states, aggravated DUIs and multiple DUIs may be considered synonymous, but in Arizona, aggravated DUI is always a felony DUI and there are only a few different ways to warrant this charge.
Namely, driving drunk while a passenger under the age of 15 is in your vehicle, operating a vehicle on a suspended/revoked license, DUI resulting in property damage, injury or death, more than three DUIs within seven years and DUI with prior criminal offenses on your record are all ways to receive an aggravated DUI charge. To find out more about Arizona’s drunk driving laws, you can view the statutes on the Arizona Department of Public Safety’s website or speak directly with a DUI attorney near you.
ABOUT THE AUTHOR: Suzuki Law Offices, L.L.C.
Suzuki Law Offices, L.L.C. is a criminal defense law firm serving the residents of Tempe and surrounding cities. The firm handles all types of criminal law cases including driving under the influence cases in criminal court and DMV hearings. The firm has a former Assistant U.S. Attorney as well as former federal and state prosecutors on staff.
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More information about Suzuki Law Offices, L.L.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
If an individual is arrested under suspicion of driving under the influence, and a chemical test indicates that their BAC is .05 to .08 percent, then they may or may not be charged with driving under the influence. In Arizona law, the margin of error in chemical tests makes it too close to tell. For this reason, an individual can be charged with DUI for having .05 to .08 percent BAC if there are other supporting evidences of guilt.
A person convicted of a class 1 misdemeanor DUI may be sentenced to the following penalties: 1) Serve a minimum of ten consecutive days in jail, 2) Pay a minimum fine of $250, and 3) Community restitution/ community service. These penalties will increase with each subsequent DUI offense, provided that the second offense falls within a period of 84 months (seven years). According to the Arizona statutes, a second or subsequent DUI within 84 months of the previous can warrant a minimum jail sentence of 90 days, minimum $500 fine and a minimum of 30 hours’ community restitution.
In the state of Arizona, there is also something called “Extreme DUI” according to Title 28-1382. Anyone who is arrested and tested to have a .15 or higher BAC can be charged with an extreme DUI. Arizona’s DUI laws are also unique in that there are aggravated DUI charges. In some states, aggravated DUIs and multiple DUIs may be considered synonymous, but in Arizona, aggravated DUI is always a felony DUI and there are only a few different ways to warrant this charge.
Namely, driving drunk while a passenger under the age of 15 is in your vehicle, operating a vehicle on a suspended/revoked license, DUI resulting in property damage, injury or death, more than three DUIs within seven years and DUI with prior criminal offenses on your record are all ways to receive an aggravated DUI charge. To find out more about Arizona’s drunk driving laws, you can view the statutes on the Arizona Department of Public Safety’s website or speak directly with a DUI attorney near you.
ABOUT THE AUTHOR: Suzuki Law Offices, L.L.C.
Suzuki Law Offices, L.L.C. is a criminal defense law firm serving the residents of Tempe and surrounding cities. The firm handles all types of criminal law cases including driving under the influence cases in criminal court and DMV hearings. The firm has a former Assistant U.S. Attorney as well as former federal and state prosecutors on staff.
Copyright Suzuki Law Offices, L.L.C. - Google+
More information about Suzuki Law Offices, L.L.C.
View all articles published by Suzuki Law Offices, L.L.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
