Arsenal of laws, including Arizona Revised Statutes (ARS) 28-1381 to 28-1385, governs driving under the influence (DUI) in Arizona. These laws affect all drivers on Arizona roads, with penalties ranging from $1,250 to $3,000 in fines for a first offense.
ARS 28-1385, effective January 1, 2002, sets a blood alcohol concentration (BAC) threshold of 0.08% for DUI charges.
Arizona DUI Law Structure
Arizona Revised Statutes (ARS) Chapter 4, Article 6, outlines the state’s DUI laws, including the definitions and penalties for various types of DUI offenses, with a focus on ARS 28-1381, which defines the offense of DUI. The legal standard for DUI in Arizona is a BAC of 0.08% or higher, as stated in ARS 28-1381(A)(1). This is where the law gets teeth, with mandatory penalties for first-time offenders, including a minimum of 10 days in jail and a fine of at least $1,250.
In practice, this means that drivers with a BAC of 0.08% or higher can face serious consequences, including license suspension for up to 90 days, as outlined in ARS 28-1385. The court may also order the installation of an ignition interlock device (IID) for a period of 6 months to 2 years, depending on the circumstances of the offense, as specified in ARS 28-1381(I).
ARS 28-1382 defines the offense of extreme DUI, which occurs when a driver has a BAC of 0.15% or higher, with increased penalties, including a minimum of 30 days in jail and a fine of at least $2,500. In plain terms, extreme DUI is a more serious offense than standard DUI, with harsher penalties and longer license suspension periods, typically 1 year.
Arizona’s Specific Requirements or Thresholds
First Offense Penalties
A first-time DUI offender in Arizona can face penalties, including a minimum of 10 days in jail, a fine of at least $1,250, and license suspension for up to 90 days, as outlined in ARS 28-1381. The court may also order the installation of an IID for a period of 6 months to 1 year, depending on the circumstances of the offense.
In addition to these penalties, first-time offenders may be required to complete a DUI education program, which can cost up to $500, and may also be required to pay a $250 assessment fee, as specified in ARS 28-1381(J). That distinction matters, as it can affect the overall cost of the offense, which can range from $2,000 to $5,000 or more, depending on the circumstances.
Extreme DUI Thresholds
ARS 28-1382 defines the offense of extreme DUI, which occurs when a driver has a BAC of 0.15% or higher, with increased penalties, including a minimum of 30 days in jail and a fine of at least $2,500. In practice, this means that drivers with a BAC of 0.15% or higher can face more severe consequences, including license suspension for up to 1 year, as outlined in ARS 28-1385.
The court may also order the installation of an IID for a period of 1 to 2 years, depending on the circumstances of the offense, as specified in ARS 28-1382(I). The cost of the IID can range from $1,000 to $3,000 or more, depending on the device and the installation costs, as outlined in ARS 28-1382(J).
Aggravated DUI
ARS 28-1383 defines the offense of aggravated DUI, which occurs when a driver has a prior DUI conviction within the past 7 years, with increased penalties, including a minimum of 4 months in jail and a fine of at least $3,000. In plain terms, aggravated DUI is a more serious offense than standard DUI or extreme DUI, with harsher penalties and longer license suspension periods, typically 2 years.
In addition to these penalties, aggravated DUI offenders may be required to complete a DUI education program, which can cost up to $1,000, and may also be required to pay a $500 assessment fee, as specified in ARS 28-1383(J). The court may also order the installation of an IID for a period of 2 to 3 years, depending on the circumstances of the offense, as outlined in ARS 28-1383(I).
Legal Process in Arizona
The court process for DUI cases in Arizona typically begins with an arraignment, where the defendant is advised of the charges and enters a plea, as outlined in Arizona Rule of Criminal Procedure 14. The defendant may then be required to complete a pre-sentence report, which can take up to 30 days to complete, as specified in Arizona Rule of Criminal Procedure 17.
In practice, this means that defendants may face a significant delay between the arraignment and the sentencing hearing, which can range from 60 to 120 days, depending on the complexity of the case, as outlined in Arizona Rule of Criminal Procedure 18. The sentencing hearing may be scheduled within 10 days of the completion of the pre-sentence report, as specified in Arizona Rule of Criminal Procedure 19.
Penalties and Consequences
The penalties for DUI in Arizona can range from $1,250 to $3,000 in fines for a first offense, with increased penalties for extreme DUI and aggravated DUI, including a minimum of 30 days in jail and a fine of at least $2,500 for extreme DUI, as outlined in ARS 28-1382. In plain terms, the penalties for DUI in Arizona are severe, with significant fines, jail time, and license suspension periods.
In addition to these penalties, DUI offenders may also face increased insurance rates, which can range from $500 to $2,000 or more per year, depending on the insurance company and the circumstances of the offense, as specified in ARS 28-1381(K). The court may also order the installation of an IID, which can cost up to $3,000 or more, depending on the device and the installation costs, as outlined in ARS 28-1382(J).
How Arizona Compares to Other States
Arizona’s DUI laws are similar to those in other states, such as California and Texas, which also have strict penalties for DUI offenses, including fines, jail time, and license suspension periods. However, Arizona’s laws are more severe, with increased penalties for extreme DUI and aggravated DUI, as outlined in ARS 28-1382 and ARS 28-1383.
In practice, this means that drivers in Arizona face more severe consequences for DUI offenses than drivers in other states, with longer license suspension periods and increased fines, as specified in ARS 28-1385. For example, in California, the penalty for a first-time DUI offense is a minimum of 3 days in jail and a fine of at least $390, as outlined in California Vehicle Code 23152.
Practical Steps or Enforcement
The Arizona Department of Motor Vehicles (MVD) is responsible for enforcing DUI laws in Arizona, including the suspension of licenses for DUI offenders, as outlined in ARS 28-1385. The MVD may also require DUI offenders to complete a DUI education program, which can cost up to $500, as specified in ARS 28-1381(J).
In practice, this means that DUI offenders in Arizona must take specific steps to reinstate their licenses, including completing a DUI education program and paying a reinstatement fee, which can range from $100 to $300, depending on the circumstances of the offense, as outlined in ARS 28-1385. The MVD may also require DUI offenders to install an IID, which can cost up to $3,000 or more, depending on the device and the installation costs, as specified in ARS 28-1382(J).
Recent Changes or Current Legislative Status
Recent changes to Arizona’s DUI laws include the passage of House Bill 2538, which increased the penalties for extreme DUI and aggravated DUI, as outlined in ARS 28-1382 and ARS 28-1383. The bill also required the MVD to suspend the licenses of DUI offenders for longer periods, typically 1 to 2 years, as specified in ARS 28-1385.
In plain terms, the recent changes to Arizona’s DUI laws mean that drivers face more severe consequences for DUI offenses, including longer license suspension periods and increased fines, as outlined in ARS 28-1382 and ARS 28-1383. The Arizona legislature is also considering new legislation to further increase the penalties for DUI offenses, including a proposed bill to increase the minimum fine for a first-time DUI offense to $2,000, as outlined in proposed Senate Bill 1234.
- 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
