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What Are The DUI Administrative And Criminal Statutes In Arizona?

Section 28-1381 of the Arizona Revised Statutes defines the law governing drunk driving laws in the state of Arizona. According to this primary statute, the maximum blood alcohol level allowed for driving in Arizona is 0.08%. Anyone caught driving with this or a higher level of BAC will be arrested under the suspicion of driving under the influence.

Driving under the influence of alcohol or drugs

In the state of Arizona, both drunk driving and driving under the influence of prescription drugs is against the law. Sub-section A-3 of the drunk driving statute states that if a driver is arrested and tests positive for any drug in their system, they will be charged with a class 1 misdemeanor of driving under the influence. A class 1 misdemeanor carries a number of penalties as given below:

  • Mandatory sentence of no less than 10 consecutive days in jail
  • Payment of a minimum fine of $250 in court fines and fees
  • The offender may be ordered to perform community service / community restitution
  • Installation of an Ignition Interlock Device for a minimum of six months

However, if their BAC level comes out between 0.05 and 0.08%, they may or may not be charged for a DUI, depending on the supporting evidences of guilt.

Repeat DUI offense

The penalties are harsher for repeat offenders and for Extreme DUI and Aggravated DUI cases. A repeat offense within 7 years (84 months) of the previous one carries the following penalties:

  • Minimum jail sentence of 90 days
  • Minimum fine of $500
  • Minimum of 30 hours of community service

Extreme DUI in Arizona

Section 28-1382 of the Arizona Revised Statutes defines the law governing “Extreme DUI” cases. Anyone arrested with a BAC of 0.15% or higher can be charged with an Extreme DUI under Arizona DUI laws. A first offense Extreme DUI in Arizona carries the following penalties:

  • Minimum of 30 days in jail
  • Minimum of $2,500 fine
  • Mandatory Installation of an Ignition Interlock Device
  • Completion of an alcohol or drug screening program
  • Community service

Aggravated DUI in Arizona

In Arizona, a person can be charged with Aggravated DUI. Multiple DUIs (more than 3 DUIs in 7 years) may be classified as an Aggravated DUI, or if the DUI was committed with a suspended/revoked driver’s license, or if the DUI was committed with a minor less than 15 years old in the vehicle, or if the DUI resulted in property damage, injury, or death. An aggravated DUI is considered a felony in Arizona and carries the following penalties:

  • Jail sentence of 2 years
  • Driver’s license suspension of 3 years
  • Completion of an alcohol or drug screening program
  • Installation of an ignition interlock device in their vehicle
  • Community service

To understand Arizona’s drunk driving laws better, you can talk to Attorney Brian D. Sloan by calling his office at 480-900-0384 or 602-900-0384.

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


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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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Brian Douglas Sloan

DUI Attorney

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