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Being charged with DUI in any state is no picnic, but it’s particularly problematic in Arizona. The state has some of the toughest DUI laws on the books, as well as one of the lowest blood alcohol content (BAC) limits, and some of the strictest fees. For those who face a charge of DUI, hiring a DUI lawyer in Arizona is a critical decision, but there are things to know before hiring one.

The State of DUI in Arizona and the Wider US

First, there is some mixed news regarding DUIs in Arizona – they’ve decreased in number, and the number of “severe” DUIs has also dropped. However, the BAC for the average DUI has actually increased. According to a story by Joshua Morales of KOLD News 13 based on information obtained from the Arizona Governor’s Office of Highway Safety, “the number of total traffic stops related to DUIs has gone down since 2018 for Labor Day Weekend. The number of DUI arrests has gone down from 531 in 2018 to 399 in 2020, and the number of extreme DUIs is almost half what it was then.

But statistics also show that average Blood-Alcohol-Content [BAC] levels have increased, from 0.152 to 0.164. DUI misdemeanors have gone down from 468 to 329. DUI arrests for underage drivers have dropped to 18 from 27, and liquor law citations for people under 21 decreased to 28 in 2020 from 70 in 2018. The total number of DUI drug arrests has also declined, but not significantly. Data shows 123 in 2018, 130 in 2019, and 118 in 2020.”

The trends in Arizona mirror those of the nation as a whole. The Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) notes that “Every day, about 28 people in the United States die in drunk-driving crashes – that’s one person every 52 minutes. In 2019, these deaths reached the lowest percentage since 1982 when NHTSA started reporting alcohol data – but still 10,142 people lost their lives.”

DUI Charges in Arizona: Understanding What You Face

DUI is a complicated situation and Arizona’s DUI laws are equally complicated. Understanding the charges you face and the potential outcome of being found guilty is critical, but many people find that between legalese and the various factors that affect their situation, it can be impossible. To help illustrate the potential ramifications of even a first-offense DUI charge, we’ve created a helpful chart based on information from AZ Central and the Arizona Governor’s Office of Highway Safety:

Of course, there are additional complicating factors that add to the mix. For instance, DUI in Arizona is not as simple as having a BAC over the limit (which is one of the lowest in the nation at 0.08%). The higher your BAC is at the time of testing, the more severe the consequences for the DUI charge. The state ranks these as “extreme” and “super extreme”. Additional consequences include:

• Significant increase in fines and financial penalties
• Significant increase in jail time
• Most cases carry a mandatory period of community service, ranging from 30 hours to 30 months

What about BAC?

Blood-alcohol content, or BAC as it’s abbreviated, is the standard measure of intoxication used across the country. In Arizona, the legal limit is 0.08%. However, that does not mean that having a lower BAC will help you avoid DUI. In fact, law enforcement officers in Arizona can charge you with DUI if you have a BAC of 0.5% to 0.79% even though it is under the state’s legal limit – these charges are based on the officer’s assessment of your condition and whether or not you are “impaired”. The Arizona Department of Public Safety provides a breakdown of BAC, as well as how many “standard drinks” it takes for a person of a particular weight to reach a specific BAC. Note that we’ve included the DPS’s definition of what constitutes a standard drink, as well as its BAC level guidance above the chart:

The Cost of DUI

Being charged with DUI will result in fines and fees. However, most Arizonans do not understand how significant those costs can be. In addition to the base fines we discussed above, there are significant modifiers that could leave you responsible for thousands of dollars when everything is said and done.

For instance, did you know that in Arizona, you must pay to go to jail? Yes, you’ll be saddled with both a booking fee and a daily housing rate. Depending on the length of time you spend in jail and the county of incarceration, you could owe several thousand dollars just in jail-related charges. As an example, consider Maricopa County. In 2021, the county charged:

• $396.98 in booking fees
• $102.55 housing fees per day

In 2022, those charges are set to change, and will be:

• $442.36 in booking fees
• $95.44 housing fees per day

A memorandum from the Assistant County Manager to county detention billing agencies dated February 1, 2021 details this information, as well as the forces behind the changing fees.

Other Mitigating Factors

Your BAC and the arresting officer’s assessment of your condition (and impairment level) are both primary factors in the charges you will face. However, there are other mitigating factors at play that further muddy the waters here. These include the following:

• If you are under the age of 21, the state has a zero-tolerance policy. You will face DUI charges if your BAC is higher than 0.00%.
• If you refuse a chemical test and it is your first offense, you may face automatic suspension of your license for a full year.
• If you refuse a chemical test and it is your second or third offense, you could face automatic license suspension for two years.

Is a DUI Lawyer Really Necessary?

Arizona takes DUI very seriously and so should you. Even if it is your first offense, you could face high fines and fees, jail time, and the loss of your license, even if you weren’t actually driving under the influence. Remember that a great deal is left up to the officer’s discretion. Your rights may also have been violated during the arrest.

You deserve an Arizona DUI attorney who understands the gravity of the situation and who will fight for your rights in a court of law.