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.
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:
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:
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.
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%.
Anyone charged with a first offense DUI with a BAC of 0.15% or higher will be facing the following charges and fines:
A second offense Extreme DUI in Arizona carries the following penalties:
A third offense extreme DUI in Arizona carries the following penalties:
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.