“Driving Under the Influence” (DUI) is the official term used in Arizona while some other states use the term “Driving While Intoxicated” (DWI.) The two terms have become synonyms for each other and refer to drugged or drunk driving.

The DUI laws of Arizona explicitly forbid the operation of any form of motor transport in these circumstances:

• When the operator of the vehicle has a blood alcohol content (BAC) of 0.8 or more
• When they are under the influence of alcohol or drugs if the driver is to the slightest degree impaired

There is what is known as a “Not a drop” law in the state of Arizona. It states drivers under the of twenty-one years cannot drive with any amount of detectable alcohol in their body. Colloquially this is known as a “baby DUI.”

Incidentally the law includes what is defined as being in control of a motorized or electric vehicle as well as operating or driving a vehicle. The purpose is to prevent drunk driving prior to it commencing.

Arizona DUI Penalties

In Arizona, the circumstances of each case will determine the penalties for a DUI including the amount of previous convictions the individual may have as well as the blood alcohol content of the driver.

Impaired DUI (Blood Alcohol Content ranging from .08 to .149%)

• Jail: The minimum term is 10 days but is subject to all but 1 day or twenty-four hours may be suspended on the completion of screening for alcohol
• Fines: Minimum of $1,480
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: 1-year mandatory (with a possible 6-month reduction)

Extreme DUI (Blood Alcohol Content ranging from .15 to .199%)

• Jail: The minimum term is 10 days but is subject to all, but 9 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,000
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: 1-year mandatory

Super Extreme DUI (BAC of at least .20%)

• Jail: The minimum term is 45 days but is subject to all, but 14 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,250
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Further DUI’s

Unquestionably Arizona has very harsh penalties for repeat offenders:

Impaired DUI

• Jail: The minimum term is 90 days and 30 of those must be served on consecutive terms but is subject to all, but 30 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,000
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Extreme DUI

• Jail: Minimum of 120 days (60 served consecutively)
• Fines: Minimum of $3,250
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Super Extreme DUI

• Jail: Minimum of 180 days (90 served consecutively)
• Fines: Minimum of $4,250
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

You should also know a third DUI represents a felony offense and carries a mandatory and minimum prison sentence of four months as license revocation for a minimum of one year, an IID requirement for a minimum of two years and in excess of $4,000 in assessments and fines.

Refusing a Breath Or Blood Test in Arizona And Implied Consent

The “implied consent” law on the books in Arizona states following a DUI arrest all drivers must, without exception, provide a breath or blood test. To refuse to do so will be penalized thus:

• Suspended License 1^st offense: 1 year
• Suspended License 2^nd offense: 2 year

Source: Egan, Joshua. “Arizona Drunk Driving Laws and Penalties.” Dui.drivinglaws.org, Nolo, 15 Oct. 2018, https://dui.drivinglaws.org/arizona.php.

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