As holiday season approaches and people make plans to enjoy the festivities with family and friends, it is an important time to remember to ride with a designated driver or use a ride-sharing service if you plan to drink. The state of Arizona has taken a clear stance against drunk driving and established some of the harshest penalties in the country for driving under the influence of any intoxicating substances. Everyone that plans to include intoxicating substances in their holiday festivities can save lives and avoid the substantial penalties that come with a conviction for DUI in Arizona by not getting behind the wheel of a vehicle. Here is what you want to know about Arizona DUI laws, penalties, and some things to understand if you are detained for suspected DUI in Arizona.
Understanding Arizona DUI Laws
Arizona has some of the strictest DUI laws in the country. Arizona Revised Statutes 28-1381 establishes it is against the law to be in control of a vehicle if impaired by any intoxicating substance at all. This law applies to anyone driving with liquor, drugs, and vapor releasing substances that cause intoxication in their system. It means that even if you are below the legal limit for alcohol concentration of 0.08 within two hours of driving, you can be charged with driving under the influence if you are proven to be impaired to any degree.
ARS 28-1381 (A)(3) still includes language that defines how the presence of any intoxicating substance or its metabolite in a person’s body puts them at risk of being charged with DUI. This controversial section of the law was ruled on by the Arizona Supreme Court in 2014. An article published by The Phoenix New Times detailed the Court’s 4-1 decision on the matter and their opinion that a flat ban on any metabolite was not clear enough to convict a driver for DUI.
The Arizona laws for extreme DUI are defined in ARS 28-1382. Any person with a blood alcohol level between .15 and .20 within 2 hours of operating a vehicle can be charged with extreme DUI. Operating a vehicle with more than a .20 blood alcohol level in the same two hour period can be charged with super extreme DUI.
ARS 28-1383 defines aggravated driving under the influence in the state. The statute details that any person charged with DUI while their license is suspended for a conviction for violation of 28-1381 and 28-1382 can be charged with aggravated DUI. Any person driving while impaired with a passenger less than 15 years of age can also be charged aggravated DUI.
Know the Risks of Arizona DUI Penalties
As mentioned, Arizona has some of the harshest penalties for DUI in the country and being charged with any driving under the influence violation will be costly. In addition to potential criminal penalties, there are possible consequences that could affect a person’s driving privileges, including license suspension, or revocation, and possible requirements for SR-22 insurance and ignition interlock devices.
A person convicted of their first DUI offense in Arizona faces a minimum of 10 days in jail and $1250 fine to start. They will also be required to complete drug and alcohol screening and counseling, complete community service, and pay the full costs to install an interlock device in any vehicles they operate. A second Arizona DUI offense comes with a minimum of 90 days in jail and $3000 fine, as well as a minimum suspension of their driver’s license for at least 1 year.
First time extreme DUI offenses in Arizona have a minimum of 30 consecutive days in jail without an option for a suspended sentence or probation. A second extreme DUI offense comes with a minimum of 120 days in jail, a minimum fine of $3250, and driver’s license suspension for at least 1 year. Arizona convictions for aggravated driving under the influence have a sentencing guideline of up to 2 years and driver’s license suspension of at least 1 year. These penalties for aggravated DUI are in addition to any penalties detailed above. All of these offenses also include required drug and alcohol screening and counseling, a requirement to install interlock devices in any vehicles they operate, and community service hours.
Your Rights if Pulled Over for DUI in Arizona
With language in the Arizona DUI laws that includes any impairment from any intoxicant or its metabolite in a person’s body, it is important to understand that any driver that has consumed intoxicating substances recently has a risk of being charged with driving under the influence in Arizona. If you do find yourself pulled over for a suspected DUI in Arizona, here are some important things to remember:
- Stay calm and respectful towards the officer.
- Keep your hands on the wheel as the officer approaches your car.
- Promptly provide your driver’s license, registration and insurance when asked.
- You have a right to remain silent and you can directly tell the officer you intend to remain silent.
- You have the right to not answer any questions.
- You have the right to speak to an attorney.
- You have the right to record the entire stop and interaction. Once safely pulled over, you have the right to start your recording.
- You are not required to inform the officer if you have consumed any alcohol or drugs. Again, you invoke your constitutional right to remain silent.
- You can ask the officer if you are being arrested or if you are free to go after they have checked your license, registration and insurance.
- DO NOT RESIST if you are arrested. At this point, you should remind yourself that you will have your day in court and must follow the officer’s instructions if you don’t want to be charged with resisting arrest as well.
- If you refuse to submit a blood, breath or urine test when suspected of driving under influence, your license will be suspended for 12 months. It is best to clearly consent to one of the available tests and ask to speak with an attorney before saying anything else.
Find an Experienced Attorney for Arizona DUI Charge
Any conviction for DUI in Arizona has serious consequences. It is always best to avoid driving if you are impaired at all, but Arizona’s DUI laws create charges that might not be justified. Every person charged with a DUI has the right to experienced legal representation. Having your case handled by an attorney that has specialized knowledge of Arizona DUI laws and penalties can make a significant difference in determining the validity of your charge, the severity of your punishment and length of time that it will impact your life. Contact the experienced DUI attorneys at RSN Law by calling 480-712-0035 or schedule an appointment on the contact us page of our website.
RSN Law intends this article to be for informational purposes, not to be relied on a specific legal matter, and does not create an attorney-client relationship.