Arizona has zero tolerance for those who decide to get behind the wheel after having a drink or two.
The state has some of the toughest laws, including one that could penalize people who try to wait until alcohol is out of their system in their vehicle before hitting the road.
There are a range of penalties for those convicted of drunk driving, including jail time, a few thousand dollars in fines, and a device that prevents a vehicle from starting if it detects too much alcohol on the driver’s breath.
What happens if I get a DUI in Arizona?
First-time offenders will spend 10 days in prison, have their right to drive suspended for six months or longer for people under 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 testing, education or treatment program, the law says their prison sentence could be reduced to 24 hours.
It’s all for one standard drunk driving in which the driver’s blood alcohol level is between the legal limit of 0.08% and 0.15%. For people who drive a taxi, rideshare or commercial vehicle, the legal limit is 0.04%.
There are at least three other levels of DUI: extreme, super extreme, and aggravated.
First-time offenders convicted of extreme drunk drivingwhere the driver’s blood alcohol level is between 0.15% and 0.20%, will be sentenced to 30 days in jail and pay up to $2,500 in fines, under Arizona law .
First-time offenders convicted of very extreme drunk driving, in which the driver’s blood alcohol level is greater than 0.20 percent, will spend 45 days in jail and pay up to $2,700 in fines , according to the law.
Aggravated drunk drivingwhich is a felony, imposes penalties for circumstances related to drunk driving and those accused can spend considerable time behind bars.
Having a child under 15 in the vehicle means 10 to 30 days in jail, depending on their blood alcohol level. If the state revokes his driver’s license due to a previous DUI and he is caught driving drunk again, or if this is the driver’s third DUI in seven years , the law imposes four months in prison – and not in prison –.
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What happens if this is not my first drunk driving offense?
There are higher penalties for those who are not first-time offenders, but they vary depending on the drunk driving charge.
People charged with another standard drunk driving offense will face 90 days in jail and a $3,000 fine.
For additional extreme DUI offenses, people will spend 120 days in jail and be fined $3,250. For extremely extreme violations, the penalty is increased to 180 days and a fine of $3,750.
People facing subsequent charges of aggravated drunk driving could spend several years in prison, depending on the circumstances of their case.
Could I be arrested if I sleep in the driver’s seat while drunk?
Yes. Under Arizona law, a person can be arrested if their alcohol concentration is above the legal limit and they are in actual physical control of a vehicle.
There is no precise definition of the term, but many factors go into determining whether a law enforcement official may believe someone had “actual physical control” of a vehicle.
This includes whether the vehicle was on board, where the vehicle keys were located, whether the vehicle was parked, where the driver was in the vehicle, why the driver was inside the vehicle, what the driver was in the vehicle when officers arrived and more.
The court will decide, based on all the different factors, whether the person had “actual physical control” of the vehicle.
Do I have to take a breathalyzer test if I am arrested?
It is not mandatory to take a breathalyzer test unless a police officer has a warrant or believes there is an exception for taking one without a warrant.
But if someone refuses to take one, their driver’s license could be suspended for a year, according to Arizona law. If they refuse again during another stop, their license could be suspended for two years.
To avoid the risk of being charged with a DUI, get a designated driver or use a rideshare service.
What should I do if I face drunk driving charges?
Hiring a lawyer is a good idea for any legal problem.
Motorists arrested for drunk driving may face multiple charges at once following a drunk driving arrest, with court proceedings resembling a typical criminal case.
For example, a driver could face separate charges for minor impairment, blood alcohol content greater than 0.08, illegal drug metabolites in blood, and child under 15 in the vehicle. Prosecutors and defense attorneys can enter into plea agreements that reduce charges and penalties.
This article was originally published on Arizona Republic: Arizona DUI Laws and Penalties Explained
