Arizona DUI & DWI Laws
Title 28 of the Arizona Revised Statutes governs all transportation-related legislation in Arizona. Operating a vehicle “under the influence” or “over the legal limit” are both grounds for a DUI charge - in fact, you can be charged with DUI if you are “impaired to the slightest degree” under Arizona Revised Statutes (see ARS 28-1381(A)(1)).
The primary Arizona code for driving under the influence is ARS 28-1381 (A)(2). Other DUI statutes include:
- Extreme DUI: ARS 28-1382 (A)(1)
- Super Extreme DUI: ARS 28-1382 (A)(2)
- Aggravated DUI: ARS 28-1383
- Operating a Boat Under the Influence of Alcohol: ARS 5-395.
There are separate statutes and penalties for drivers who operate commercial vehicles. Arizona takes DUI laws very seriously for Commercial Driver's License (CDL) holders. If you hold a CDL and receive a DUI, you will face Revocation of your CDL (Class A, B, C) for a minimum of one year. You are also required to notify your employer within 30 days under Federal Motor Carrier Safety Administration (FMCSA) regulations.
Implied Consent and Refusal to Take a BADC Test
When you apply for a driver's license in Arizona, part of the “fine print” that you accept is your consent to test for blood alcohol concentration or drug content (BADC) if you are arrested for driving under the influence. This is known as “implied consent” - and a refusal to submit to a blood, breath, or urine BADC results in an automatic suspension for 12 months. A second refusal within 84 months (7 years) will result in a suspension for 24 months. A BADC test is not the same as a Field Sobriety Test (FST). You can refuse to take an FST - although you will likely be arrested and asked to take a BADC test.
Schedule a Consultation with a DUI Defense Law Firm in Gilbert
After a DUI arrest, it is advisable to speak with a DUI attorney in Phoenix immediately. As experienced defense attorneys in Maricopa County, AZ, we take all DUI charges very seriously, as does the entire state of Arizona. We offer a consultation to review your potential case, explain your options, and answer your questions. We can also help with the Motor Vehicle Division side of your DUI case.
Possible Penalties for Driving under the Influence in Phoenix, Arizona
Whether misdemeanor or felony, the consequences, and punishments for driving under the influence charges in Arizona are serious. Below are the minimum penalties for a DUI in Arizona for individuals convicted of DUI offenses who are over age 21 and who do not hold a commercial driver’s license:
First DUI Offense
- Jail term of 24 hours to 10 days
- Base fine of $250
- Drivers license suspension of 90 days to one year
- Required Installation of Certified Ignition Interlock Device.
Second DUI Offense
- Jail term of 30 days to 90 days
- Base fine of $500
- Drivers license suspension of one year
- Required Installation of Certified Ignition Interlock Device.
Third DUI Offense
- Jail term of a minimum of four months
- Base fine of $750
- Drivers license suspension of one year
- Required Installation of Certified Ignition Interlock Device.
If your DUI involves an accident in which someone else is killed, you may face additional, separate charges of vehicular manslaughter, negligent homicide, or second-degree murder.
In Arizona, if you are charged with a DUI, you have the right to a jury trial (ARS 28-1381(F)). However, in most cases, your case can be resolved with a plea agreement. A defendant can also waive their right to a jury trial and have a bench trial, where a verdict is decided by a judge.
Finding the Best DUI Lawyer in Phoenix for Your Case
Prior to founding the Law Offices of Brandon White, a founder of The Law Offices of Brandon White, PC, worked as a State Trooper in Arizona for more than a decade before becoming a Phoenix DWI attorney. As a former law enforcement officer and now an experienced Phoenix, AZ DUI attorney, Mr. White and his Team has the knowledge and expertise you need for a strong defense for driving under the influence charges in Arizona. The other criminal defense lawyers on the team are almost all former prosecutors who use their knowledge to efficiently negotiate on your behalf as a DUI defense attorney in Phoenix. Our top-rated DUI defense lawyers will take your DUI case seriously, no matter what charges you are facing.