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ARS 28-1382: Extreme DUI Laws in Arizona

Arizona's Extreme DUI Charges are Serious

 Arizona has some of the strictest DUI laws in the United States, in fact Arizona is known as a 

zero tolerance state. Due to Arizona’s zero tolerance policy for driving under the influence, police officers are aggressively seeking out drunk drivers and ensuring they are taken off the roads and charged for their actions. 


Even though Arizona’s intent to restrict driving under the influence is important and beneficial to other drivers on the road, the enforcement and charges associated with a DUI can be extreme and will greatly affect your life. 


Arizona’s zero tolerance laws which are in effect to deter individuals from driving under the influence, involves mandatory jail time and fines, both of which will have major consequences on an individual’s life. If you have been charged with a DUI, hiring an experienced criminal defense attorney is invaluable. 

What is a DUI?

 In Arizona, if you are 21 years old or older, you can be charged with a DUI if your blood alcohol level is above .08% and you are found to be in control of a vehicle; being in control of a vehicle means that you are driving the vehicle or are sitting in the driver’s seat with the key near you or in the ignition. 


If you are pulled over under the suspicion of driving under the influence of drugs or alcohol, you will be required to perform a sobriety test as well as a chemical (blood alcohol) test, and the blood alcohol test will be used to determine if you will be charged with a DUI as well as the type.

 

If you have been pulled over for a DUI, as an Arizona citizen under Implied Consent Laws you have the right to refuse a breathalyzer but doing so does have consequences. If you refuse to take the breathalyzer test, it does not matter whether or not you have alcohol in your system or if you eventually aren’t convicted for the DUI, you will lose your license for one year. 


Arizona’s Implied Consent Law is defined under A.R.S 28-1321(A) and states that refusal to take a breathalyzer will result in the following:


  • 1st Offense - refusal to take the breathalyzer will result in a 1 year suspension of a driver’s license
  • 2nd Offense - refusal to take the breathalyzer within 7 years of a previous one will result in a 2 year suspension of a driver’s license
  • 3rd Offense - refusal to take the breathalyzer within 7 years of a previous one will also result in a 2 year suspension of a driver’s license

Are All DUI Charges the Same?

 In Arizona, a DUI conviction carries penalties ranging from fines to mandatory jail time, but not all DUI charges have the same consequences. 


Arizona classifies a DUI by the driver’s blood alcohol level (BAC) and each blood alcohol level has its own set of consequences protecting driver from being over-punished. 


Arizona’s three DUI categories are: 


  • Standard DUI - BAC of 0.08-0.014, but for a commercial driver it is a BAC greater than 0.04
  • Extreme DUI - BAC of 0.15-0.19
  • Super Extreme DUI - BAC of 0.20 or greater


This means that if you are pulled over by a police officer for the suspicion of driving under the influence, they will need to perform a blood alcohol level test to determine your BAC. If your BAC happens to be a 0.15 or above, you will be arrested and charged with an extreme DUI. 

What is an Extreme DUI?

 To be charged with a DUI, an officer will look at three criteria: if you were the one driving the vehicle, if you were in “physical control” of the vehicle and lastly what your BAC is. Being in physical control is a vague statement, but it was added to DUI laws as a way of preventing a DUI from occurring. 


To be in physical control of a vehicle, an individual must be in the driver’s seat, must have the keys in the ignition or close to them and then the location of the car will also be taken into account. 


According to A.R.S 23-1382, an extreme DUI occurs when an individual was driving or in physical control of a vehicle and their BAC level was determined to be between 0.15% and 0.19%.

What are the Consequences of an Extreme DUI in Arizona?

 Anyone charged with a first offense DUI with a BAC of 0.15% or higher will be facing the following charges and fines: 


  • Minimum 30 days in jail – eligible for home detention after 2 days
  • Minimum $250 in fines, which can go up to a total of $2,780 in fines and fees
  • Possible community service hours
  • Alcohol screening and counseling
  • 3 years of probation
  • Driver’s license suspension
  • Mandatory installation of an Ignition Interlock Device on any car you drive for 1 year


A second offense Extreme DUI in Arizona carries the following penalties:


  • Minimum 120 days in jail – eligible for home detention after 24 days
  • A total of $3,740 in fines and fees
  • 30 hours of community service
  • Mandatory alcohol screening and counseling
  • Probation
  • 1 year driver’s license suspension
  • Mandatory installation of an Ignition Interlock Device on any car you drive for 1 year

A third offense extreme DUI in Arizona carries the following penalties: 


  • 180 days in prison, with no work release available
  • $14,500 In Jail Costs
  • $4,649 in Fines
  • $1,500 for SR-22 Policy for three years
  • $3,000 annual insurance increase for the next three years
  • License suspension for at least one year

Get Help Fighting Extreme DUI Chargers

Extreme DUI charges can seriously impact your life mentally, financially and personally. If you have been charged, you have the best chance of reducing the penalties with the help of the experienced team at JacksonWhite Law.


Contact us today or call our office at (480) 660-3438 to schedule a free, no obligation consultation.

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