Driving under the influence (DUI) is a serious crime. If you are facing charges, you are likely overwhelmed by the many different legal factors involved. Arizona has many laws about DUI that could influence the outcome. Our experienced DUI lawyers can help you navigate the complexities of your specific case.
Some Arizona DUI laws to be aware of:
ARS 28-1381: Standard DUI
Arizona Revised Statutes (ARS) 28-1381
defines DUI in Arizona as driving or being "in actual physical control of a vehicle" while "impaired to the slightest degree
" by any combination of alcohol, drugs
, or vapor-releasing substances. It also sets the legal limit
for blood alcohol content (BAC) at 0.08, although someone could still be found guilty of DUI with a lower BAC if there was evidence of impairment.
ARS 28-1381 classifies DUI as a class 1 misdemeanor and outlines penalties
for this crime which include jail time, fines, driver's license suspension
, mandatory installation of an ignition interlock device
, et cetera. The statute covers first-offense and second-offense DUI convictions.
ARS 28-1382: Extreme and Super Extreme DUI
defines penalties for DUI cases where an individual has a higher BAC
than 0.15. An offense involving a BAC between 0.15 and 0.20 is often known as an extreme DUI and a case with a BAC over 0.20 is commonly called a super extreme DUI. However, neither of these terms appears in the statute itself. These are both class 1 misdemeanors, although the penalties are more severe than for a standard DUI.
ARS 28-1383: Aggravated DUI
When certain factors are present, a DUI can become a felony
. This is known as aggravated DUI
and these charges are outlined in ARS 28-1383
. Each type has different requirements for jail time, fines, and other penalties.
The types of aggravated DUI are:
- Violating ARS 28-1381 or ARS 28-1382 while with a revoked, canceled, refused, restricted due to a previous DUI violation, or suspended driver's license (class 4 felony)
- Committing three or more DUI violations within a period of 84 months (class 4 felony)
- Driving under the influence while an individual under 15 years of age is in the vehicle (class 6 felony)
- Committing DUI while ordered to have an ignition interlock device installed (class 4 felony)
ARS 4-244: Underage DUI
If an individual is under 21 years of age, they can be charged with underage DUI
, which is defined in ARS 4-244
subsection 34. In these situations, evidence of impairment is not necessary for a conviction. Having "any spirituous liquor in the person's body" is sufficient for an underage DUI violation, even if the BAC is as low as 0.01.
Other Laws That Can Affect DUI Cases
In addition to the laws about DUI listed above, several other Arizona State statutes could influence the outcome of your case. This is in addition to any applicable local laws, which will also need to be considered. This can become even more complicated if there are other charges
you are facing besides DUI.
Experienced DUI Defense Lawyers in Tucson, AZ
DUI cases can be complex and it's important to have an experienced attorney on your side. At DUI Defense Team, we will fight to achieve the best possible outcome.
If you are facing DUI Charges, contact us today to schedule a free consultation.