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

I have spent my entire career focused on DUI Defense representation, having defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then I can comfortably say: “I’m not the one for you”.

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 that is what they think people want to hear. The truth of the matter is, being “aggressive” rarely gets the client anywhere in these court systems. Being “aggressive” isn’t the same as being good.

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