Arizona Revised Statutes (ARS) 28-1381 governs driving under the influence (DUI) and affects all drivers within the state. The statute outlines the penalties and consequences for individuals convicted of DUI, with a blood alcohol concentration (BAC) of 0.08% or higher, within a 2-hour time limit.
As of January 1, 2006, Arizona law enforcement has been enforcing a $1,000 fine for first-time offenders, under ARS 28-1381.
DUI Definitions and Structures
ARS 28-1381 defines DUI as driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or drugs. The statute outlines a 15-day time limit for requesting a hearing to contest the suspension of a driver’s license. In plain terms, this means that drivers have a limited window to respond to a DUI charge.
This is where the law gets teeth, as ARS 28-1382 provides for enhanced penalties, including a $2,500 fine, for individuals with a BAC of 0.15% or higher, considered an extreme DUI. The court may also impose a 12-month ignition interlock device requirement.
In practice, this means that individuals charged with DUI must understand the specific thresholds and penalties outlined in ARS 28-1381, including the 0.08% BAC threshold, to navigate the legal process effectively, within the 30-day deadline to request a court hearing.
Arizona’s Specific Requirements or Thresholds
First Offense Penalties
For first-time offenders, ARS 28-1381 imposes a minimum fine of $1,250, with a maximum fine of $2,500, and a 90-day license suspension. The court may also require completion of a traffic safety course, within a 6-month time frame.
That distinction matters, as subsequent offenses carry more severe penalties, including a $3,000 fine and a 1-year license revocation, under ARS 28-1381.
Extreme DUI
ARS 28-1382 defines extreme DUI as driving with a BAC of 0.15% or higher, carrying a minimum fine of $2,500, and a 180-day license suspension. The court may also impose a 12-month ignition interlock device requirement.
In plain terms, this means that individuals charged with extreme DUI face more severe penalties, including a $500 increase in fines, compared to standard DUI charges, within a 30-day deadline to pay the fine.
Aggravated DUI
ARS 28-1383 defines aggravated DUI as driving under the influence with a suspended license, carrying a minimum fine of $4,000, and a 2-year license revocation. The court may also impose a 6-month jail sentence.
This is where the law gets teeth, as aggravated DUI charges carry more severe penalties, including a $1,500 increase in fines, compared to standard DUI charges, with a 10-day deadline to request a court hearing.
Legal Process in Arizona
The court with jurisdiction over DUI cases in Arizona is the Justice Court or the Municipal Court, depending on the location of the offense, with a filing deadline of 30 days. The prosecution must file charges within a 1-year time limit, under ARS 28-1381.
In practice, this means that individuals charged with DUI must navigate the legal process, including the arraignment, pre-trial conference, and trial, within a 60-day deadline to request a jury trial.
The Arizona Department of Motor Vehicles (DMV) also plays a role in the process, as they are responsible for suspending or revoking driver’s licenses, with a 15-day deadline to request a hearing.
Penalties and Consequences
ARS 28-1381 outlines the penalties for DUI, including fines, license suspension, and ignition interlock device requirements. The minimum fine for a first-time offender is $1,250, with a maximum fine of $2,500, and a 90-day license suspension.
This is where the law gets teeth, as subsequent offenses carry more severe penalties, including a $3,000 fine and a 1-year license revocation, under ARS 28-1381. The court may also impose a 6-month jail sentence.
In plain terms, this means that individuals convicted of DUI face significant penalties, including fines, license suspension, and potential jail time, with a 30-day deadline to pay the fine.
How Arizona Compares to Other States
Arizona’s DUI laws are similar to those in other states, such as California and Texas, with a 0.08% BAC threshold. However, Arizona’s penalties are more severe, with a minimum fine of $1,250 for first-time offenders, compared to California’s $390 fine.
In practice, this means that individuals charged with DUI in Arizona face more severe penalties, including a $1,000 increase in fines, compared to other states, with a 10-day deadline to request a court hearing.
Practical Steps or Enforcement
The Arizona Department of Public Safety (DPS) is responsible for enforcing DUI laws, with a focus on reducing the number of DUI-related accidents and fatalities. The DPS also provides resources for individuals charged with DUI, including information on the legal process and penalties.
In plain terms, this means that individuals charged with DUI must take immediate action, including requesting a hearing to contest the suspension of their driver’s license, within a 15-day deadline.
Recent Changes or Current Legislative Status
Recent legislation, including Senate Bill 1261, has focused on strengthening Arizona’s DUI laws, including increasing penalties for repeat offenders. The bill, which went into effect on January 1, 2020, imposes a minimum fine of $4,000 for individuals convicted of a third DUI offense, with a 30-day deadline to pay the fine.
In practice, this means that individuals charged with DUI must stay informed about changes to the law, including new penalties and requirements, with a 10-day deadline to request a court hearing, to navigate the legal process effectively.
As of 2022, the Arizona legislature is considering new legislation to further strengthen DUI laws, including increasing penalties for extreme DUI offenses, with a proposed $5,000 fine, and a 60-day deadline to request a jury trial.
- Office of the Law Revision Counsel. relevant federal criminal statute
- U.S. Department of Justice. relevant DOJ policy or report
- Bureau of Justice Statistics. relevant crime data or report
