DUI

Being charged with driving under the influence in Arizona is a serious matter. Arizona has some of the toughest DUI laws in the United States, and even a first offense can result in jail time, fines, license suspension, and long-term consequences for your personal and professional life.

Our firm defends clients facing all types of DUI charges, including:

  • First-time DUI
  • Extreme DUI
  • Super Extreme DUI
  • Aggravated DUI
  • Underage DUI
  • Drug DUI
  • Repeat DUI offenses

If you have been arrested for DUI in Arizona, it is important to understand your legal options as soon as possible. Consulting with a knowledgeable DUI defense attorney can help you navigate the legal process and work toward the best possible outcome in your case.

Arizona DUI Laws

Under Arizona law, a person can be charged with DUI if they operate or are in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination of substances.

A driver may be charged with DUI if:

  • They are impaired to the slightest degree by alcohol or drugs – A.R.S. 28-1381(A)(1)
  • Their blood alcohol concentration (BAC) is 0.08% or higher – A.R.S. 28-1381(A)(2)
  • They have illegal drugs in their system – A.R.S. 28-1381(A)(3)
  • Their BAC is 0.15% or higher (Extreme DUI) – A.R.S. 28-1382(A)(1)
  • Their BAC is 0.20% or higher (Super Extreme DUI) – A.R.S. 28-1382(A)(2)

Arizona law enforcement officers take DUI enforcement very seriously, and prosecutors often pursue these charges aggressively.

Types of DUI Charges in Arizona

Our DUI defense practice handles a wide range of DUI cases, including:

  1. First-Time DUI

A first offense can still result in jail time, fines, mandatory alcohol education classes, and a license suspension. Arizona law allows prosecutors to pursue DUI charges even if your BAC is below 0.08% if they believe you were impaired.

  1. Extreme DUI

A driver with a BAC of 0.15% or higher may face enhanced penalties including longer jail sentences and higher fines.

  1. Super Extreme DUI

A BAC of 0.20% or higher can lead to significantly increased penalties under Arizona law.

  1. Aggravated DUI

Aggravated DUI is a felony offense and may occur if:

  • You were driving on a suspended license
  • You have multiple prior DUI convictions
  • A minor was present in the vehicle
  • You were required to have an ignition interlock device but did not
  • You were driving on the wrong side of the road

Felony DUI charges carry severe penalties, including the possibility of prison time.

  1. Drug DUI

You can also be charged with DUI if you are driving while impaired by marijuana or prescription drugs or if you have illegal drugs in your system.

DUI Penalties in Arizona

Penalties for DUI in Arizona vary depending on the circumstances of the case, prior offenses, and the driver’s BAC level.

Potential penalties may include:

  • Jail time for misdemeanor DUI offenses
  • Prison time for felony DUI offenses
  • Substantial fines and court fees
  • Driver’s license suspension or revocation
  • Ignition interlock device requirements
  • Alcohol screening and treatment programs
  • Probation
  • Permanent criminal record

Because the consequences can be serious, it is critical to work with a knowledgeable DUI defense lawyer.

Possible DUI Defenses

Every DUI case is unique, and a skilled defense attorney will carefully examine the evidence to identify potential defenses.

Common DUI defense strategies may involve:

  • Challenging the legality of the traffic stop
  • Questioning the accuracy of breathalyzer or blood tests
  • Investigating improper police procedures
  • Challenging field sobriety test results
  • Identifying violations of constitutional rights

In some cases, errors in the investigation or testing process may lead to reduced charges or dismissal.

What happens after a DUI arrest in Arizona?

After a DUI arrest, several things typically occur:

  1. Your driver’s license may be suspended by the Arizona Motor Vehicle Division (MVD).
  2. You will receive a court date for your criminal case.
  3. You may be required to attend an arraignment where charges are formally presented.
  4. Your case may proceed through pretrial conferences, negotiations, or trial.

A DUI case often involves both a criminal case and a separate administrative license suspension process.

Driver’s License Suspension and MVD Hearings

After a DUI arrest in Arizona, the Arizona Motor Vehicle Division (MVD) may suspend your driver’s license. This administrative process is separate from the criminal case.

You typically have a limited time to request an MVD hearing to challenge the suspension.

An experienced DUI lawyer can help you understand your options and represent you during the MVD hearing process.

Can I refuse a breath or blood test in Arizona?

Arizona has implied consent laws, meaning that drivers agree to submit to chemical testing when lawfully arrested for DUI.

Refusing a test can result in an automatic driver’s license suspension of one year and may be used as evidence in court.