Don’t risk Driving drunk in the state of Arizona, we guarantee you’ll regret it. The DUI laws in this state are some of the toughest in the country, with incredibly harsh penalties for offenders. The last thing you need is a DUI charge on your record, it could end up affecting every aspect of your life, from your job to finding a place to live.
What makes Arizona a zero-tolerance state to DUI is its legal standing allowing the prosecutor to lodge charges against an offender, without testing the defendants blood alcohol concentration (BAC). Unlike other states, Arizona doesn’t offer offenders the chance to avoid a DUI conviction.
If you’re facing DUI charges in the state of Arizona, it’s a good idea to have an intensive understanding of what’s at stake as you navigate the legal system.
Arizona DUI Laws – What You Need to Know
The best thing you can do if you’re facing a DUI charge in Phoenix or any other city in Arizona, is call an experienced DUI attorney. That’s said, it’s important to understand the basics of the legal aspects surrounding DUI charges and what you can expect to happen to you if you’re caught driving under the influence.
Understanding Arizona Law: The Four Types of DUI Charges
If you get caught under the influence behind the wheel in Arizona, you’re in big trouble. If you get stopped and you’re under the influence in other states, the prosecutor has one or two DUI charges they can bring against you, but in Arizona, there’s four different types, each with escalating consequences and more severe penalties than the last.
Ordinary DUI
An ordinary DUI charge occurs when you have a blood alcohol concentration (BAC) between 0.08% to 0.14%, or if you’re under the influence of liquor. This means prosecutors can get a conviction if they can prove your BAC was over the limit, or if you’re intoxicated during the traffic stop or roadblock. They don’t need to prove both your BAC and intoxication; they just need one of them to make the charges stick.
Extreme DUI
An extreme DUI defines an intoxicated driver with a BAC of 0.15% to 0.19% at the time of their arrest.
Super Extreme DUI
These charges are for drivers with a BAC of 0.20% or higher at the time of their arrest.
Aggravated DUI
You’ll be charges with aggravated DUI if you’re driving on a suspended license, you have an ignition interlock device installed on your vehicle, or you have two prior DUI convictions in the last seven years (84 months). It also applies to drivers who are driving under the influence with a minor under the age of 15 in the car, or if you’re drunk and driving on the wrong side of the highway. A, aggravated DUI is a felony in the state of Arizona.
Understanding Underage DUI Law in Arizona
If you’re over 21, the BAC upper limit to avoid a DUI is 0.08%. However, if you’re caught driving under the influence and you’re under 21, you face DUI charges if your bloodwork or breath test comes back with any trace amounts of alcohol at all. If you’re underage and your BAC is above the 0.08% limit, you’ll face one of the charges we discussed earlier.
What Is the Implied Consent Law in Arizona
The “implied consent law” plays an important role in DUI cases in the state of Arizona. This law requires the suspected offender to take a BAC test when stopped by authorities at a roadblock. Section 28-1321.A of the Arizona Revised Statutes cements tis law into legislation and if you decide to refuse a breath test at a traffic stop, you’ll be penalized by authorities regardless of whether you’re been drinking or not. To avoid these charges, you’ll need to reach out to the Arizona Motor Vehicle Division (MVD) and request an administrative hearing.
What are the Penalties for DUI in Arizona?
Violations of the implied consent law, or DUI charges have heavy penalties. For a first offense, you could be liable for a 10 day jailing and maximum fine of $1,250. It’s worse for repeat offenders, with up to a 90 day jail sentence, and $3,000 fine, with your driving license revoked for 12 months.
The penalties get much worse for the other three DUI charges, with an extreme DUI seeing you jailed for 30 days and a fine of $2,500. An aggravated DUI charge could see you spending up to two years in prison, and the state revoking your drivers license for one year.
What are the Parameters for Plea Bargains in Arizona DUI Law?
If you’re caught drunk driving and charged with a DUI offense, you have the option of launching a plea bargain with the state prosecutor. If the prosecutor has evidence on your charges, you’ll need to consult with an experienced DUI attorney to negotiate a plea deal. Plea bargains in DUI cases usually involve pleading guilty to a count of reckless driving, or “wet recklessness.” Wet reckless charges carry penalties, but they aren’t as stiff as being convicted of a DUI.
DUI Diversion and Expungement in Arizona
Unlike other states, Arizona doesn’t accommodate a DUI diversion program. You have no other option but to hire an attorney and try to plea bargain your way to reduced charges. There’s also no expungement law in Arizona, but you can have DUIs “sealed,” depending on the situation and circumstances involved with your case. Sealing your DUI record doesn’t get rid of your DUI conviction from your record, but it can stop your DUI record from appearing in employer and landlord background checks.
Consult with an Experienced DUI Attorney in Arizona
If you’re arrested for driving under the influence, the best move you can make in the moments after your arrest is to call an experienced DUI lawyer with a good track record. Your lawyer can help you navigate the process, and where possible, reduce your charges, or the penalties against you. Contact the Rosenstein Law Group for immediate assistance.