Arizona DUI Law & Lawyers: DUI-Web

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There are two theories in which a person can be prosecuted for a DUI in Arizona. First, DUI charges can be brought against someone who is "under the influence" of alcohol or drugs. A person is “under the influence” if a person’s physical or mental capabilities are impaired by drugs or alcohol.

Second, a DUI prosecution in Arizona can be based on Arizona’s "per se" laws, which makes it illegal to drive with a blood alcohol level (BAC) of .08% or higher within two hours of driving. A charge of this type is based only on body chemistry and can be brought regardless of whether or not a person’s ability to drive a vehicle is impaired by alcohol.

Arizona law also includes an "extreme" DUI or DWI which will be charged when there is a blood alcohol content (BAC) of .15% or higher within two hours of driving. In addition, individuals under 21 years of age can be charged with a DUI if they have been driving with any measurable amount of alcohol in their body.

Generally, an Arizona DUI/DWI conviction is a misdemeanor. However, the offense may be treated as a felony if: 1) the defendant has two or more prior DUI/DWI convictions within 5 years of the current offense, 2) the defendant committed the DUI/DWI offense when their driving privileges were revoked, or 3) there was a child under the age of 15 in the car during the time of the dunk driving offense.

Punishment and penalties for DUI/DWI convictions in Arizona will depend on whether or not the driver has any prior DUI/DWI convictions and also depend on the type of DUI that was charged.

For a first time DUI with a BAC between .08% and .15%, the defendant could face 10 days in jail, a fine up to $500, and a drivers license suspension for 90 days.

For a first-time conviction on Arizona’s “extreme” DUI, meaning a BAC above .15%, a defendant can face 30 days in jail, a fine up to $1,500, a license suspension for 90 days, and a requirement that an ignition interlock device be installed on your car.

A second DUI offense with a BAC between .08% and .15%, the defendant could face 90 days in jail, a fine up to $2,000, and the possibility of your driver's license being revoked for one year. You may also be required to have an ignition interlock device installed on your vehicle.

A second offense under the “extreme” DUI will result in up to 120 days in jail, a fine of up to $2,000, a revocation of driver’s license privileges for one year, and a requirement that an ignition interlock device be installed on your car.

If a person is convicted under a felony DUI, it means that this is your 3rd DUI within 5 years or that the DUI was obtained while your license was suspended or restricted. If the defendant has no prior criminal convictions, there is a minimum 4 months prison sentence, fines up $150,000, a license revocation period of three years, possible mandatory treatment for chemical dependence, and also the possibility that you may have to forfeit (the Court will take it away) the vehicle you were driving at the time of the DUI arrest.

Finally, a conviction for a felony DUI for having a child under the age of 15 years in the vehicle at the time of the DUI requires that the defendant will have to serve at least the minimum sentences for a misdemeanor DUI described above if the offense would have happened without the presence of the minor child. The defendant may face fines up to $150,000, a revocation of drivers license privileges for three years, possibility of court ordered chemical dependency treatment, and also may be required to forfeit the vehicle you were driving at the time of the DUI arrest.

The drivers license consequences as discussed above are in addition to any license revocation or suspension that the Arizona DMV may impose for refusal to take a chemical test of their blood or breath. For a refusal to take a chemical test of blood or breath, the Arizona DMV will suspend your license for one year if there are no prior DUI convictions. Please note that the only way to contest this revocation is to request a hearing within 15 days of your arrest.