DUI Categories In Arizona

There are several DUI crimes in Arizona that an individual can be charged with, some of the most common being Driving while impaired to the slightest degree, Driving with a blood alcohol concentration of more than 0.08%, Extreme DUI, Aggravated / Felony DUI, Drug DUI, Commercial Driver DUI, and Boating DUI. Each of these DUI crimes are explained below:

Driving While Impaired To The Slightest Degree

This charge is codified in A.R.S. 28-1381(A)(1), which states that it is unlawful for a person to be in physical control of a motor vehicle if they are under the influence of an intoxicating liquor, a drug, a vapor-releasing toxic substance, or a combination of these which may cause them to become intoxicated to the slightest degree.

Driving With A Blood Alcohol Concentration Of 0.08% Or More

This charge is codified in A.R.S. 28-1381(A)(2), which states that it is unlawful for a person to drive or be in actual physical control of a vehicle if their blood alcohol concentration is 0.08% or more.

Extreme DUI

This charge is codified in A.R.S. 28-1382(A), which states that it is unlawful for a person to drive or be in actual physical control of a vehicle if their blood alcohol concentration is 0.15% or more. An Extreme DUI carries harsher penalties.

Aggravated / Felony DUI

This charge is codified in A.R.S. 28-1383, which states that a person can be charged with Aggravated DUI in any of these three cases:

Multiple DUIs (more than 3 DUIs in 7 years) may be classified as an Aggravated DUI
If the DUI was committed with a suspended/revoked driver’s license
If the DUI was committed with a minor less than 15 years old in the vehicle
If the DUI resulted in property damage, injury, or death

An aggravated DUI is considered a felony in Arizona and carries severe penalties.

Drug DUI

This charge is codified in two places, 28-1381(A)(1) and A.R.S. 28-1381(A)(3), where the first one states that it is unlawful for a person to drive or be in actual control of a vehicle if they are under the influence of any drug, vapor-releasing substance that is toxic, or a combination of these.

A.R.S. 28-1381(A)(3) states that it is unlawful for a person to be in control of a motor vehicle if they have a drug or it’s metabolite in their system. These drugs are generally the ones that are illegal to possess.

Commercial DUI

DUI laws for commercial drivers in Arizona require drivers of commercial vehicles to have a BAC of only 0.04 percent to be charged with DUI. This charge is codified in A.R.S. 28-1381(A)(4), which states that it is unlawful for a person to drive or be in actual physical control of a commercial motor vehicle if they have an alcohol concentration of 0.04% or more.

Boating DUI (OUI)

This charge is codified in A.R.S. 5-395, which states that it is unlawful for any person to operate or be in actual physical control of a motorized watercraft if they are under the influence of an intoxicating liquor, any drug, a vapor-releasing substance containing toxins, or any combination of these, or if they have a blood alcohol concentration of 0.08% or more.

In case the motorized watercraft is a commercial motorized watercraft, a person will be charged with Boating DUI in Arizona if they have a blood alcohol concentration of 0.04% or more.

To get more details on the different categories of DUI crimes in Arizona and their penalties, call the law office of Attorney Brian D. Sloan at 480-900-0384 or 602-900-0384.

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Brian Douglas Sloan

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Phoenix, AZ 85004

* By submitting this form, I agree that if the case is one that Attorney Brian Sloan does not or can not personally represent, due to distance, jurisdiction, or other factors, the information provided may be forwarded to other skilled DUI Defense Attorneys on The Arizona DUI Team for a response.