Like other states, in Arizona it’s illegal to drive under the influence of alcohol or any drugs. It’s also against the law to be intoxicated by drugs or alcohol and be “in actual physical control” of a vehicle. For example, if you sit in the driver’s seat with the keys in the ignition and you’re merely sitting in your vehicle, you can be arrested for DUI if you are intoxicated. Even though you’re not technically driving, you have “actual physical control” of the vehicle, so you are capable of driving under the influence. When you receive your Arizona driver license, you consent to a chemical test (blood, breath or occasionally urine) to determine your blood alcohol concentration or drug content (BADC). This is commonly known as the state’s “implied consent law.” When a peace officer suspects you’ve been driving under the influence, he or she will request that you submit to a BADC test, which will check your blood, breath or urine to determine if alcohol or drugs are present in your bloodstream and if so, how much. It is possible to be arrested for DUI even if your blood alcohol concentration (BAC) was less than the 0.08% legal limit. If you’re under 21 and you’re found to have any drugs or alcohol in your blood, your driver license will be suspended, even if you only have a BAC of 0.01%. If you are suspected of DUI and you refuse or fail to complete a BADC test, your license will be automatically suspended for 12 months, and 24 months upon a second offense if the first refusal was within 84 months.
- First DUI offense: Punishable by a minimum of 10 days in jail and a minimum fine of $1,250. You will also be required to undergo alcohol education and treatment, perform community service, and equip your vehicle with an Ignition Interlock Device.
- Second DUI offense: Punishable by a minimum of 90 days in jail and by a minimum fine of $2,500. You will be required to undergo alcohol education and treatment, perform community service, and equip your vehicle with an Ignition Interlock Device.
- Extreme DUI (BAC of 0.15% or higher) first offense: Punishable by a minimum of 30 days in jail and by a minimum fine of $2,500. You will be required to undergo alcohol education and treatment, perform community service, and equip your vehicle with an Ignition Interlock Device.
- Extreme DUI (BAC of 0.15% or higher) second offense: Punishable by at least 120 days in jail and by a minimum fine of $3,250. You will be required to undergo alcohol education and treatment, perform community service, and equip your vehicle with an Ignition Interlock Device.
Related: Felony DUI Charges in Arizona
Are you facing DUI charges in Tempe or Phoenix? If so, contact our firm to meet with Attorney Davidson, who is a former Maricopa County prosecutor.
