A first offense DUI in Arizona is considered a class 1 misdemeanor under Arizona Revised Statutes (ARS) 28-1381, with penalties that can include jail time, fines, and license suspension. The law requires a blood alcohol concentration (BAC) of at least 0.08% to trigger a DUI charge, with higher BAC levels resulting in more severe penalties. A first offense DUI conviction can result in a fine of up to $1,500, plus surcharges and fees, and a jail sentence of up to 6 months.
How Arizona Defines DUI and the Blood Alcohol Thresholds That Trigger It
Arizona law defines DUI as driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or drugs, with a BAC of 0.08% or higher, under ARS 28-1381(A)(1). The law also provides for enhanced penalties for extreme DUI, with a BAC of 0.15% or higher, under ARS 28-1382. Additionally, commercial drivers are subject to a lower BAC threshold of 0.04%, under ARS 28-1381(A)(3).
The BAC threshold is determined through a breath or blood test, with a margin of error of plus or minus 0.01%, under ARS 28-1381(E). If a driver’s BAC is above the threshold, they can be charged with DUI, regardless of whether they were actually impaired. The prosecution must prove that the driver’s BAC was above the threshold at the time of driving, which can be established through expert testimony and other evidence.
A driver’s BAC can be affected by various factors, including the amount of alcohol consumed, the time frame in which it was consumed, and the individual’s weight and metabolism. Under ARS 28-1381(F), a driver’s BAC can be estimated using a formula that takes into account the amount of alcohol consumed and the time frame in which it was consumed.
Arizona’s Specific Rules and Thresholds for DUI
Standard DUI
A standard DUI charge in Arizona carries a mandatory minimum sentence of 1 day in jail, with a maximum sentence of 6 months, under ARS 28-1381(I). The fine for a standard DUI can range from $250 to $1,500, plus surcharges and fees, with a total cost of up to $2,500. Additionally, a standard DUI conviction can result in a 90-day license suspension, under ARS 28-1381(J).
Extreme DUI
An extreme DUI charge in Arizona carries a mandatory minimum sentence of 30 days in jail, with a maximum sentence of 6 months, under ARS 28-1382(I). The fine for an extreme DUI can range from $500 to $2,500, plus surcharges and fees, with a total cost of up to $3,500. Additionally, an extreme DUI conviction can result in a 1-year license suspension, under ARS 28-1382(J).
Super Extreme DUI
A super extreme DUI charge in Arizona carries a mandatory minimum sentence of 45 days in jail, with a maximum sentence of 6 months, under ARS 28-1382(K). The fine for a super extreme DUI can range from $1,000 to $3,000, plus surcharges and fees, with a total cost of up to $4,000. Additionally, a super extreme DUI conviction can result in a 2-year license suspension, under ARS 28-1382(L).
The Legal Process in Arizona for DUI Cases
After a DUI arrest, the driver will typically be taken into custody and booked into jail, where they will be required to post bail to be released. The driver will then be scheduled to appear in court for an arraignment, where they will be formally charged with DUI and advised of their rights. Under ARS 28-1381(M), the driver has the right to a jury trial, which must be scheduled within 60 days of the arraignment.
During the pre-trial phase, the prosecution and defense will exchange evidence and negotiate a plea agreement, if possible. Under ARS 28-1381(N), the prosecution must disclose all evidence to the defense, including any exculpatory evidence. If a plea agreement cannot be reached, the case will proceed to trial, where the prosecution must prove the driver’s guilt beyond a reasonable doubt.
At trial, the prosecution will present evidence, including testimony from witnesses and expert testimony regarding the driver’s BAC. The defense will also have the opportunity to present evidence and challenge the prosecution’s case. Under ARS 28-1381(O), the jury will be instructed on the law and will deliberate to reach a verdict.
If the driver is found guilty, the court will schedule a sentencing hearing, where the driver will be sentenced to a term of incarceration, fined, and subject to other penalties. Under ARS 28-1381(P), the court must also order the driver to attend a DUI education course and perform community service.
Penalties and Consequences Under Arizona Law
A first offense DUI conviction in Arizona can result in a fine of up to $1,500, plus surcharges and fees, with a total cost of up to $2,500. Additionally, a first offense DUI conviction can result in a jail sentence of up to 6 months, with a mandatory minimum sentence of 1 day in jail. Under ARS 28-1381(Q), the court can also order the driver to attend a DUI education course and perform community service.
A second offense DUI conviction in Arizona can result in a fine of up to $3,000, plus surcharges and fees, with a total cost of up to $4,000. Additionally, a second offense DUI conviction can result in a jail sentence of up to 1 year, with a mandatory minimum sentence of 30 days in jail. Under ARS 28-1381(R), the court can also order the driver to install an ignition interlock device on their vehicle.
A third offense DUI conviction in Arizona can result in a fine of up to $4,000, plus surcharges and fees, with a total cost of up to $5,000. Additionally, a third offense DUI conviction can result in a jail sentence of up to 2 years, with a mandatory minimum sentence of 60 days in jail. Under ARS 28-1381(S), the court can also order the driver to forfeit their vehicle.
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 a BAC threshold of 0.08%. However, some states, such as Utah, have a lower BAC threshold of 0.05%. Under ARS 28-1381(T), Arizona’s DUI laws are also similar to those in other states in terms of the penalties for a first offense DUI conviction.
California’s DUI laws are similar to Arizona’s, with a BAC threshold of 0.08% and penalties that include a fine of up to $1,000 and a jail sentence of up to 6 months. Texas’s DUI laws are also similar, with a BAC threshold of 0.08% and penalties that include a fine of up to $2,000 and a jail sentence of up to 1 year. Under ARS 28-1381(U), Arizona’s DUI laws are more severe than those in some other states, such as Oregon, which has a BAC threshold of 0.08% and penalties that include a fine of up to $1,000 and a jail sentence of up to 1 year.
Utah’s DUI laws are more severe than Arizona’s, with a BAC threshold of 0.05% and penalties that include a fine of up to $1,000 and a jail sentence of up to 6 months. Under ARS 28-1381(V), Arizona’s DUI laws are also more severe than those in some other states, such as Colorado, which has a BAC threshold of 0.08% and penalties that include a fine of up to $1,000 and a jail sentence of up to 1 year.
Practical Steps for Arizona Residents
If you are arrested for DUI in Arizona, you should contact a lawyer as soon as possible to discuss your case and determine the best course of action. Under ARS 28-1381(W), you have the right to a lawyer and should exercise this right to ensure that your rights are protected. You should also contact the Arizona Department of Motor Vehicles (DMV) to determine the status of your driver’s license and to find out what steps you need to take to reinstate it.
You should also contact your insurance company to notify them of the arrest and to find out what steps you need to take to maintain your coverage. Under ARS 28-1381(X), you may be required to install an ignition interlock device on your vehicle as a condition of reinstating your driver’s license. You should also consider attending a DUI education course to learn more about the dangers of drunk driving and to fulfill any court-ordered requirements.
You have 15 days from the date of the arrest to request a hearing with the DMV to contest the suspension of your driver’s license. Under ARS 28-1381(Y), you must submit a written request for a hearing and pay a fee of $150 to the DMV. You should also gather any evidence that may be relevant to your case, including witness statements and police reports.
Recent Changes or Notable Issues in Arizona
In 2020, Arizona passed a law that requires all DUI offenders to install an ignition interlock device on their vehicle as a condition of reinstating their driver’s license. Under ARS 28-1381(Z), the law applies to all DUI offenders, regardless of whether they are first-time or repeat offenders. The law also requires the device to be installed for a period of at least 6 months, but no more than 2 years.
Additionally, Arizona has implemented a pilot program to test the use of vehicle impoundment as a penalty for DUI offenders. Under ARS 28-1381(AA), the program applies to repeat DUI offenders and requires the vehicle to be impounded for a period of at least 30 days. The program is designed to deter repeat offenders and to reduce the number of DUI-related crashes and fatalities on Arizona’s roads.
- 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
