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When it comes to Driving Under the Influence charges and convictions, Arizona’s no-nonsense laws are some of the toughest in the United States. Whether it’s a DUI or DWI for driving while intoxicated due to alcohol or drugs, the law is strict with little-to-no wiggle room.

Have multiple convictions? With strict laws for even a basic DUI (“basic” meaning it is the driver’s first DUI conviction), sentences become more and more severe with each sequential DUI offense.

To begin, let’s get a clear understanding of DUI parameters and laws in Arizona.

Driving Under the Influence of Alcohol in Arizona

Arizona’s stringent approach to DUI laws so seriously is because this stringent approach is intended to prevent drunk driving before it every happens – stopping the driver before they every get behind the wheel (while intoxicated). These measures are intended to be preventative, rather than reactive, as driving while under the influence can endanger more than the drunk driver alone. To date, Arizona’s strict efforts have made them second in the U.S. for DUI prevention.

But what exactly defines a DUI?

According to Arizona law, an individual can be charged with a DUI if they have a blood-alcohol level of .o8% or more. Drivers can also be charged with a DUI if their blood-alcohol level is not higher than the legal limit of .08%, but they’ve displayed traits/behaviors directly related to intoxication. For drivers of commercial vehicles, the legal blood-alcohol limit is actually lower at .04%. Finally, drivers under 21 with any amount of alcohol or drugs in their system can be charged with a DUI.

What happens when a driver is pulled over?

If the officer(s) at the scene suspects the driver of driving while under the influence, they can choose to administer a sobriety test. What this looks like may differ depending on the level of intoxication, whether or not the substance in question is drugs or alcohol, and more. Anyone who gets behind the wheel of a vehicle in Arizona (according to state law) consents automatically to submitting to one of these tests. Refusal to do so can result in the confiscation of the driver’s license, regardless of the number of offenses.

Believe it or not, you can be charged with a DUI without actually driving your vehicle. If the officer at the scene believes it was your intent to drive the vehicle (for example, if the engine is on), you can be arrested and charged. Ultimately, a DUI charge has a lot to do with the context of the situation at the time of the incident. Were the keys in the ignition? Was the driver awake? If the answers to these questions suggest that the individual behind the wheel was intending to drive while intoxicated, the officers are perfectly within their legal right to make an arrest.

Types of DUI Charges in Arizona

Arizona has multiple classes of DUI charges based on a number of factors: previous DUI charges on the driver’s record, blood-alcohol level, and more. These classes are broken into tiers, starting with Basic before moving on to Extreme, Super Extreme, and Aggravated.

If your blood-alcohol level measures between .08 and .14 percent (and this is your first time being charged with a DUI), this would be considered a Basic DUI. Extreme and Super Extreme DUIs are applicable for blood-alcohol levels at .15% or .20% or greater respectively.

The most severe of all Arizona DUI charges is the Aggravated DUI. A driver can be charged with an Aggravated DUI should they drive under the influence while possessing a suspended license, if they are charged with three DUIs within 84 months, or if the driver in question as a passenger under the age of 18 in the vehicle at the time of the arrest. Depending upon the particular circumstance, a driver may be charged with an Aggravated DUI for not complying with a sobriety test at the request of police.

Even for Basic DUIs, punishments can be severe, including 10 or more consecutive days in jail, $1,200+ in fines, mandatory community service, license suspension, and more.

Drugged Driving DUI in Arizona

So now you know about Arizona’s DUI laws when it comes to alcohol, but what about drugged driving? How does driving under the influence of drugs compare (in a legal sense) to the consequences of DUIs from alcohol?

As is the case with a large number of states throughout the U.S., drugged driving is on the rise in the state of Arizona. The number of fatal car crashes due to drugged driving has significantly increased in the past five years; a number that outstrips the number of fatal crashes due to drunk driving.

The result of this has been a greater emphasis on the part of Arizona legislatures and police to identify drugged driving and instate consequences. A large portion of Arizona’s police force are considered to be drug recognition experts; receiving special training to identify drug use, drugged driving, and signs of general intoxication.

The past ten years have demonstrated an even more pressing need for awareness and legislation that not only assists in punishing those who do commit DUIs, but also prevents the unlawful punishment of those who are within their legal rights (and not endangering others) to utilize certain drugs, whether that be prescription medications, medical marijuana, recreational marijuana, etc.

In 2010, Arizona legalized medical marijuana. Then, in November of 2020, citizens voted to legalize recreational marijuana in the state. Given the growing presence of medical marijuana (and now, the expected growth of recreational marijuana), it has – and continues to – become more and more important for the state to implement DUI legislation that reflects these changes.

Multiple DUIs and What You Can Expect

The severity of a DUI charge and the number of DUI convictions received by an individual directly influence the sentence and punishments brought about with a DUI conviction. This includes (but is not limited to) fines, jail time, and the suspension of the driver’s license.

The more DUIs a driver has been convicted of, the more severe the consequences. This is due to the fact that a DUI is considered to be a violent crime in Arizona; it places a significant (risk on society at large.

For all DUI convictions, the state of Arizona requires the driver to use an interlock ignition device (IID) for a set period of time – anywhere from six months to two years. Convicted individuals must also apply for a restricted license, which means they are able to drive with limitations (such as time of day and location). If a driver has been convicted of multiple DUIs, their license may be revoked entirely.

A few key things to know about multiple DUIs in Arizona:

It doesn’t matter where you’ve previously received a DUI – whether it was in the state or not – if you’ve received a DUI in the past, Arizona state law will acknowledge it as your first (“Basic”) DUI, and increase the consequences of any additional DUI convictions from there.

Furthermore, Arizona DUI charges remains on your record for life. That’s because Arizona does not allow for DUI charges to be expunged. Instead, individuals can only petition for their conviction to be “set aside,” which merely states that the person in question has fully completed serving their sentence (in whatever form that might be – jail time, community service, fines, etc.) and this is recognized by the state.

The Importance of Talking to a Lawyer

Whether you’ve been previously charged with a DUI in Arizona, this is your first offense, or you’re helping someone who has been charged with a DUI, it is very important that – before anything else – you contact a lawyer. A DUI lawyer will be able to help protect your rights and advise you on the legal process.

Have questions? Our legal team is happy to help. Reach out to learn more.