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DUI Laws in Arizona

Explanation from Phoenix DUI Attorneys

Understanding the Arizona statutes regarding drinking and driving laws can be very important if you or a loved one has recently been arrested for a DUI. At Knowles Law Firm, PLC, our DUI lawyers have a strong understanding of the Arizona penal code as well as the ability to creatively apply it for the defense of our clients.

Criminal Attorney Anthony Knowles even formerly served as a police officer, which has provided him with a comprehensive understanding of drunk driving laws from even the initial arrest. Below, we have provided some of the most prominent DUI laws in Arizona. To learn more, contact a criminal defense lawyer from our firm directly.

ARS Title 28-1381

Under Arizona Law (ARS § 28-1381), it is illegal for any person to drive or be in control of a motor vehicles in Arizona. This includes any of the following situations:

  • Driving under the influence of alcohol, any type of controlled substance or toxic substance, or any combination of these substances
  • When a driver has a blood alcohol concentration (BAC) of .08 or greater within 2 hours of driving or being in actual physical control of a motor vehicle
  • Driving with any prohibited drug, or its metabolite, is in the driver’s system
  • Driving with a BAC of .04 or greater if the person is a commercial driver

Here, we learn some of the most basic driving under the influence laws in Arizona. You can be arrested for drunk driving if you are found to be "under the influence" of any intoxicating liquor or drug. Typically, an arresting law enforcement official will administer standardized field sobriety tests to ascertain whether or not you might be intoxicated. If you fail the test, you can be arrested and then taking in for chemical testing (breath, blood or alcohol). If, within two hours of your arrest for drinking and driving, your BAC is .08 percent or higher, you can be charged with DUI.

Subsection 3 of 1381 states that a person can also be arrested and charged with DUI for testing positive to a drug or narcotic substance. The complete list of those substances can be found in § 13-3401 of the Arizona Statutes. Law enforcement bases DUI of drugs charges on evidence gathered from urine tests. Subsection 4 of 1381 then goes on to state that drivers of CMVs are held to stricter standards than drivers of passenger vehicles. Truck drivers can be charged with DUI if their BAC is .04 percent or higher.

Extreme DUI: ARS Title28-1382

In Arizona, there is also something called an extreme DUI. This involves driving under the influence with a blood alcohol concentration of .15 percent or higher. According to this statute, if you are tested to have .15 percent BAC but not more than .2 percent BAC, then you will face a minimum of 30 consecutive days in jail without probation and a minimum fine of $250.

If a person is tested to have .2 percent BAC or higher, then they will face a minimum jail time of 45 consecutive days without probation and a minimum fine of $500. Other possible penalties for extreme DUI include performing community restitution, paying fines toward the prison construction and operations fund, ignition interlock device (IID) installation and more.

Aggravated DUI: ARS Title 28-1383

What makes a DUI charge aggravated? According to the Arizona Revised Statutes, a person commits an aggravated drunk driving offense if they: A) are arrested for DUI while driving on a suspended or otherwise restricted license, B) are arrested for their third or subsequent DUI violation within an 84-month period (7 years), C) are under the age of 15 and are arrested for a DUI violation or D) are arrested after the court required the installation of an ignition interlock device.

Again, there is much more to learn about DUI laws in Arizona. If you were arrested in Phoenix or a surrounding area, pick up the phone and call Knowles Law Firm, PLC at (602) 702-5431 today!

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