Arizona has zero tolerance when it comes to those who decide to get in the driver’s seat after having a drink or two.
The state has some of the harshest laws on the books, including one that could penalize people who try to wait the booze out of their system in their vehicle before hitting the road.
There are a range of penalties for those who are convicted of a DUI, including jail time, a few thousand dollars in fines and a device that prevents a vehicle from starting if it detects too much alcohol in the driver’s breath.
What happens if I get a DUI in Arizona?
Convicted first-time offenders will spend 10 days in jail, have driving privileges suspended for six months or longer for people under age 21 and an interlock device installed in their vehicle for six months to a year. They will also pay up to $1,250 in fines, under Arizona law.
If the person charged completes a court-ordered alcohol screening, education or treatment program, the law states that their jail sentence could be reduced to 24 hours.
That’s all for a standard DUI in which the driver’s blood alcohol content is between the legal limit of 0.08% and 0.15%. For people who drive cabs, rideshare or commercial vehicles, the legal limit is 0.04%.
There are at least three other tiers of DUIs: extreme, super extreme and aggravated.
First-offenders convicted of an extreme DUI, where the driver’s blood alcohol content is between 0.15% and 0.20%, will go to jail for 30 days and pay up to $2,500 in fines, under Arizona law.
First-offenders convicted of a super extreme DUI, where the driver’s blood alcohol content is over 0.20%, will spend 45 days in jail and pay up to $2,700 in fines, according to the law.
Aggravated DUI, which is a felony, tacks on penalties for circumstances surrounding drunken driving and people charged with it may spend a substantial amount of time behind bars.
Having a child under 15 in the vehicle means 10 to 30 days in jail, depending on the BAC level. If the state took a driver’s license away because of a previous DUI and they got caught driving drunk again, or if it’s the driver’s third DUI in seven years, the law mandates four months of prison — not jail — time.
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What happens if this isn’t my first DUI offense?
There are higher penalties for those who aren’t first-time offenders, but they range depending on the DUI charge.
Those charged with another standard DUI offense will face 90 days in jail and a fine of $3,000.
For additional offenses of extreme DUIs, people will spend 120 days in jail and be fined $3,250. For super extreme offenses, the punishment is increased to 180 days and a $3,750 fine.
People facing subsequent charges of an aggravated DUI could spend a range of years in prison, depending on the circumstances of their case.
Could I be arrested if I’m sleeping in the driver’s seat while drunk?
Yes. Under Arizona law, a person could be arrested if their alcohol concentration is above the legal limit and they were in “actual physical control” of a vehicle.
There is no set definition of the term, but many factors play into whether a law enforcement official may believe someone was in “actual physical control” of a vehicle.
Those include whether the vehicle was on, where the keys to the vehicle were, if the vehicle was parked, where the driver was in the vehicle, why the driver was inside the vehicle, what the driver was doing in the vehicle when officials arrived and more.
The court will decide, based on all the various factors, whether the person had “actual physical control” of the vehicle.
Do I have to take a breathalyzer test if I’m pulled over?
There is no requirement to take a breathalyzer test unless a police officer has a warrant or believes there is an exception to conduct one without a warrant.
But if someone refuses to take one, their driver’s license could be suspended for one year, according to Arizona law. If they refuse again during a separate stop, their license could be suspended for two years.
To avoid any chance of getting charged with a DUI, obtain a designated driver or use a rideshare service.
What should I do if I face DUI charges?
Hiring a lawyer is a good idea for any legal issue.
Motorists stopped for DUI may face multiple charges at once following a DUI arrest with court proceedings resembling a typical criminal case.
For instance, a driver could face separate counts for impairment to the slightest degree, BAC over 0.08, illegal drug metabolites in the blood, and a child under 15 in the vehicle. Prosecutors and defense lawyers may hash out plea deals that reduce charges and penalties.
