Driving Under the Influence (DUI) - Arizona
Driving under the influence (DUI) is a serious crime in Arizona and can have serious consequences for those who are convicted. If you or a loved one have been arrested for a DUI in California, you need an experienced DUI attorney. Call the Law Office of Erik D. Hoyle immediately for a free case consultation.
What is a DUI in Arizona?
In Arizona, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs. The state has a per se law, which means that it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, a person can still be charged with a DUI even if their BAC is below 0.08% if their ability to drive is impaired by alcohol or drugs.
Penalties for a DUI in Arizona
The penalties for a DUI in Arizona depend on the circumstances of the case and the number of prior DUIs the person has on their record. For a first-time DUI offense, a person could face up to six months in jail, over $2,000 in fines and penalties, and the suspension of their driver’s license for up to a year. For a second offense, the penalties increase to a maximum of 1 year in jail – with a minimum of 4 days – over $2,000 in fines and fees, and a one-year license suspension. A third DUI offense carries a minimum of a month in jail and triggers a longer license suspension.
In addition to these penalties, a person convicted of a DUI in Arizona may also be required to attend alcohol education classes, install an ignition interlock device on their vehicle, and participate in community service.
DUI Statutes
In Arizona, driving under the influence (DUI) is covered under several statutes, including Arizona Revised Statutes (A.R.S.) § 28-1381 and A.R.S. § 28-1382.
A.R.S. § 28-1381 makes it illegal to operate a motor vehicle while under the influence of alcohol or drugs. This statute applies to any person who is operating a motor vehicle on a public highway or on any other public or private property open to the public.
A.R.S. § 28-1382 is the per se law, which makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This means that if a person’s BAC is 0.08% or higher, they are considered to be under the influence and can be charged with a DUI. However, a person can still be charged with a DUI even if their BAC is below 0.08% if their ability to drive is impaired by alcohol or drugs.
In addition to these statutes, A.R.S. § 28-1383 and A.R.S. § 28-1384 outline the penalties for DUIs in Arizona and A.R.S. § 28-1385 provides for the suspension or revocation of a person’s driver’s license following a DUI conviction.