Arizona DUI Laws: Understanding the Consequences
Driving under the influence (DUI) is a serious offense in Arizona, with some of the strictest DUI laws in the nation. If you have been arrested for drinking and driving, you need to know your rights and the potential consequences you may face. In this article, we will break down Arizona DUI laws and provide you with a better understanding of the charges you could face.
Types of DUI in Arizona
Arizona Revised Statutes differentiate between several types of DUIs:
- Standard DUI
- Extreme DUI
- Super Extreme DUI
- Aggravated DUI
- Underage DUI
The penalties and classifications of the different types of DUIs vary depending on the circumstances of each case.
Standard DUI
You can be charged with a standard DUI if you are found to be in physical control of a vehicle and if you have a blood alcohol concentration (BAC) of 0.08% or more within two hours of driving. Alternatively, you can be charged with a misdemeanor DUI if you are found to be in actual physical control of a motor vehicle while under the influence of "intoxicating liquor, drug, a vapor releasing substance containing a toxic substance" or any combination of substances even if you are only "impaired to the slightest degree".
If convicted of a first-time standard DUI offense, you can be sentenced to ten consecutive days in jail without probation, up to $2,500 in fines, community service, and the requirement to successfully complete a traffic survival course. You will also be required to install a certified ignition interlock device (CIID) in any vehicle that you own or operate for at least twelve months. Your license will be suspended for up to 90 days, and you may reduce this suspension to thirty days by complete appropriate drug and alcohol screening.
Extreme DUI
You can be charged with an extreme DUI if you are found to be in physical control of a vehicle and if you have a blood alcohol concentration (BAC) of 0.15% or more within two hours of driving. If convicted of a first-time extreme DUI offense, you will face a sentence of thirty consecutive days in jail, fines ranging anywhere from $2,500 to $3,000, community service, the completion of a traffic survival course, and the installation of a CIID in any vehicle you own or operate for at least twelve months. You will also have your license suspended for 90 days and be subject to appropriate drug and alcohol counseling.
Super Extreme DUI
If you are found to be in physical control of a vehicle and if you have a blood alcohol concentration (BAC) of 0.20% or more within two hours of driving, you can be charged with a super extreme DUI. If convicted of a first-time super extreme DUI offense, you will face a sentence of a minimum of forty-five days in jail, fine of upwards of $3,000, mandatory alcohol abuse classes, probation, and installation of a CIID device for at least two years after your license is reissued. You will also have your license suspended for 90 days.
Aggravated DUI
You can be charged with a felony aggravated DUI if you are found to be in physical control of a vehicle while under the influence while your license is revoked or suspended, if you have previously been convicted of two or more DUI's in the past seven years, if there is a passenger under the age of fifteen in the vehicle with you, or if you are found to be driving the wrong way on the highway. An aggravated DUI conviction for having a child under the age of fifteen in the car is a class 6 felony. For a first-time aggravated DUI offense, you are facing a mandatory minimum four months in the Arizona Department of Corrections, a one-year suspension of your driving privileges, $3,750 in fines and fees, and the installation of a CIID in any vehicle you own or operate for at least twelve months. You will also have to complete drug and alcohol screening and several hours of drug or alcohol counseling.
Underage DUI
Arizona is a zero-tolerance state when it comes to underage drinking and driving. Drivers under the age of twenty-one may be charged with a misdemeanor underage DUI (sometimes called a "baby DUI") if they are found to have any BAC over 0.0% within two hours of operating a vehicle, regardless of whether they exhibit any impairment. Underage DUIs usually carry different penalties than standard DUIs.
Arizona DUI Penalties
Arizona DUI laws include both criminal and administrative penalties. Criminal penalties include:
- Jail time
- Fines and fees
- Community service
- Completion of a traffic survival course
- The installation of a certified ignition interlock device (CIID) in any vehicle you own or operate
- Suspension of your driving privileges
- Mandatory drug and alcohol counseling
Administrative penalties include the automatic suspension of your license for up to 90 days following a first-time DUI conviction. You may be able to reduce this suspension to thirty days by complete appropriate drug and alcohol screening. If your BAC is above a certain level, you may also be required to equip your vehicle with a CIID for a certain period of time after your license is reissued.
Refusing a Chemical Test
Arizona DUI laws include an implied consent provision, which means it is assumed that all motorists will consent to a chemical test upon being stopped on suspicion of DUI. If you refuse a chemical test, your driver's license can be suspended for no less than one year. In order to contest these suspensions, you must request a hearing from a judge within fifteen days of the incident. You cannot apply for a restricted license if you refuse a breathalyzer test.
Conclusion
Arizona DUI laws are some of the toughest in the nation, and the consequences for a DUI conviction can be life-changing. If you find yourself facing DUI charges, it is crucial to seek legal representation as soon as possible. The criminal defense lawyers at Lerner and Rowe Law Group are experienced attorneys with a thorough understanding of Arizona DUI laws. We will advise you of your rights, explain your options, and develop an aggressive strategy to resolve your case. If you're concerned about your inability to pay, we offer affordable payment plans.
Originally Post From https://lernerandrowelawgroup.com/arizona-dui-laws/
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