Arizona DUI Laws and Penalties

Anyone who has been caught driving under the influence in Arizona can face serious legal repercussions. First-time offenders of this crime receive their own set of punishments versus those who have been caught before. However, not all DUI allegations end up being charged in court. This is why it’s crucial to understand Arizona DUI laws and penalties to ensure you protect your rights and your future.

What Constitutes a DUI in Arizona?

Anyone can be charged with a DUI in Arizona if they were pulled over with a blood alcohol concentration (BAC) limit above 0.08%. You should note that this limit is reduced to 0.04% for anyone who is operating a commercial automobile. For drivers who are under the age of 21, there is a zero-tolerance policy in place. This means that a law enforcement officer has the authority to charge someone who scores anything above 0 on a breathalyzer if they are under 21.

What many people are not aware of is that an officer can still charge someone with a DUI even if their BAC is below the legal limit. This discretion is afforded to law enforcement officers so they can remove anyone who appears to be impaired and unsafe to drive, even if they are not able to prove it through a breathalyzer or other field sobriety tests.

Penalties for a First-Time DUI Offense in Arizona

Those who have been charged with a DUI for the first time often have their own set of repercussions to face that differ from repeat offenders. Depending on the nature of the DUI, a first-time offender could receive lighter consequences. However, they are still serious enough to try to deter the behavior from ever happening.

Some significant penalties for first-time offenders include:

• Time spent in jail for at least 10 consecutive days
• Fines starting at $1,250
• Mandatory alcohol screening and education courses to promote rehabilitation
• A certified ignition lock device is installed in the car for a mandated period of time
• Community service

First-time offenders will not always be subjected to this entire list of penalties, but they are all on the table for consideration. It’s up to the defendant and their attorney to work on a strategy to try and minimize the amount of penalties they face in the end.

Penalties for Repeat DUI Offenders in Arizona

Anyone who has been charged with a DUI for a second or greater time is more likely to face harsher penalties. This is in an effort to try and stop this pattern of behavior that was not effectively rehabilitated after their first offense.

Some penalties to expect for second or greater offenders include:

• A jail sentence of at least 90 days
• Fines that start at $3,000
• License suspended for at least one full year
• Mandatory alcohol screening and rehabilitation that is longer than the first time
• Certified ignition lock device installed for a longer period of time
• Mandatory community service

Just like first-time offenders, it’s not guaranteed that a repeat DUI offender will have to deal with the full extent of this list. However, the court will look into why the individual has not been able to stop driving under the influence to guide their penalty decision-making. For example, if it’s clear the individual has a mental condition that is causing them to keep drinking, the court may order longer rehabilitation services this time around to try and get them the help they need.

Extreme and Aggravated DUIs in Arizona

Arizona law implements harsher penalties for those charged with an extreme DUI. This charge occurs when someone has a breathalyzer test that results in a 0.15% BAC or higher. It also includes anyone who is being charged with an aggravated DUI, which means they either were driving with a suspended license or are repeat offenders. Being charged with these types of DUIs increases the likelihood of facing more extreme penalties.

FAQs

Q: What Is the Most Common Penalty for a DUI in Arizona?

A: One of the most common penalties for a DUI in Arizona is a mandatory alcohol education course. This is a rehabilitative attempt that can help anyone who has been charged with a DUI, whether they are a first-time offender or someone who has been caught before. The installation of an ignition interlock device commonly accompanies this penalty, as they are seen as a protective measure to prevent someone from being able to drive under the influence.

Q: Is Arizona a Zero-Tolerance DUI State?

A: Arizona is a zero-tolerance DUI state for anyone under the age of 21. This means that if there is any level of detectable alcohol in someone’s system when they are under this age, they could be charged with a DUI. However, Arizona law enforcement officers can also arrest anyone that they feel is unsafe to drive due to suspicion of impairment, even if they passed their sobriety tests. These strict measures help to reduce the risk of DUI-related accidents.

Q: Can You Avoid Jail Time for a DUI in Arizona?

A: Yes, it is possible to avoid going to jail for a DUI in Arizona. This is especially true if you are a first-time offender. While not all first-time offenders will avoid jail, the specifics of your punishment will largely depend on the circumstances of your case and how effective your defense attorney is at reducing your punishment. For example, they could successfully negotiate a plea deal or present mitigating circumstances to try and reduce the penalties.

Q: What Happens If You Refuse a Breathalyzer Test in Arizona?

A: You have the right to refuse a breathalyzer test in Arizona. However, consequences will follow this decision. Arizona operates under an implied consent law. This means that your license will be suspended for up to 12 months for refusing a sobriety test. The act of refusal can also be used against you later in court as evidence to try and prove you are guilty of driving under the influence. It’s important to weigh the outcomes before choosing to refuse this test.

Contact The Law Office of Joshua A. Lopez, LLC Today

If you have recently been charged with a DUI in Arizona and are unsure what steps to take next, contact our firm as soon as you can. We have years of experience defending clients who were once in your exact shoes, allowing us to care for your case with an unmatched level of experience. Don’t wait to ask how our experienced legal team can service you today.