ARIZONA DUI LAW

Blood Alcohol Level (BAC) for Driving Under the Influence (DUI) in Arizona:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .01% or above
• Commercial Drivers: .04% or above
• High BAC: .15% or above

Implied Consent and Chemical Test Refusal: According to Arizona’s Implied Consent Law, by virtue of your driving on public highways in Arizona, you have consented to a urine, blood, or breathalyzer test to determine whether, while driving, there is alcohol or any other drug in your system. If you fail to submit to such a test, your driver’s license will automatically be suspended for one year, even if you are not convicted of DUI. If you have been arrested for an Arizona DUI, you should get in touch with an Arizona DUI attorney, especially because laws can vary from county to county in Arizona.

Extreme DUI: Arizona has specific laws for “Extreme DUIs,” or, if your blood tested at or above the High BAC level of .15%. An Extreme DUI is a criminal misdemeanor.

Aggravated DUI: An Aggravated DUI in Arizona is one in which the person was driving on a suspended or revoked license, it was the person’s third DUI in five years, or there was a person under 15 in the vehicle at the time of the arrest.

DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DUI Conviction: From 90 days to 360 days. You must attend counseling if it is recommended by the court.
  • First Extreme DUI Conviction: Your license will be revoked for 1 year.
  • Second DUI Conviction: 1 year.
  • Second Extreme DUI Conviction: 1 year.
• Monetary Fines:
  • First DUI Conviction: $250. There is also a DUI surcharge of $200 that you must pay in addition to the $250. You must also complete alcohol abuse screening and potentially obtain counseling or alcohol abuse treatment.
  • First Extreme DUI Conviction: $900, plus a $250 DUI Assessment fee, plus a $1,250 Extreme DUI assessment.
  • First Aggravated DUI Conviction: $750 fine, $250 DUI assessment, $1,500 for the prison construction fund, and $1,500 for the general fund.
  • Second DUI Conviction: A minimum of $500. You will also have to pay an Arizona DUI Surcharge of $400. Additionally, you must complete alcohol or other drug screening, and an education or treatment program.
  • Second Extreme DUI Conviction: You must pay a $450 fine, $250 for a DUI Assessment, and $1,000 for an Extreme DUI assessment.
• Community Service: After your second DUI, you must complete at least 30 days of community service.
• Probation: Yes. You will have to pay a Probation Surcharge of $10. You are usually placed on probation for 1 year, but can be placed on probation for 5 years. If you are convicted of an aggravated DUI you may be placed on probation for up to 10 years.
• Motor Vehicle Impound: Your vehicle may be impounded if you are convicted of an Extreme DUI.
• Ignition Interlock
  • First DUI: Not unless court ordered.
  • First Extreme DUI: You will be required to install an ignition interlock device in your car.
  • Second DUI: Not unless the court orders one.
  • Second Extreme DUI: You must install, at your own expense, the ignition interlock device.
• Prison Time:
  • First DUI: Minimum of 24 hours, but up to 10 days.
  • First Extreme DUI: 30 days in jail.
  • Second DUI: Between 30-90 days.
  • Second Extreme DUI: Between 60-120 days.

DUI Arrest - Criminal Charges Because most DUIs in Arizona can qualify as Class One criminal misdemeanors, you are entitled to a lawyer, and should contact a criminal lawyer to defend you.

Potential Criminal Consequences: While your first or second DUIs may qualify as criminal misdemeanors, your third DUI may qualify as a felony.

• First DUI Conviction: You can be charged with a criminal misdemeanor if it is an Extreme DUI.
• Second DUI: You can be charged with a criminal misdemeanor, whether or not it is an Extreme DUI.

Reinstating Your License After DUI Conviction: In order to reinstate your license, you must pay a $20 reinstatement fee and an application fee. In addition, you will be required to show proof of liability insurance. After your revocation period has ended, an investigation must be completed prior to the reinstatement of your license to ensure that you complied with all statutory requirements.

Effect of DUI on Car Insurance: For reinstatement of your driver’s license you are required to carry an SR-22 Proof of Insurance Certificate for at least three years from when your license was initially suspended. Your insurance company can provide you with the SR-22 form. Expect that your insurance premiums for liability insurance will increase dramatically after a DUI conviction.

Effect of DUI on Driving Record: If you are convicted of a DUI or and Extreme DUI, eight points will be taken off of your license.

Under 21 and DUI: In Arizona, if you have a BAC of .01% or higher, are under the age of 21, and are operating a motor vehicle, Arizona’s Zero Tolerance law applies. Your driver’s license will be suspended for two years, you must serve ten days in jail, perform community service, and pay a minimum fine of $250.

Arizona Resources

Arizona Department of Motor Vehicles

Arizona Drivers’ License Reinstatement

Arizona DUI Statutes