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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