What is DUI in Arizona?

There are two sections of Arizona Statute that penalize a commercial driver license holder for being convicted of Driving Under the Influence (DUI). The first statute, Arizona Statute § 28-1381, is the DUI section that prohibits DUI and lists the penalties which include suspension of a driver license. The second statute, Arizona Statute § 28-3312, regulates licenses given by the Motor Vehicle Department and includes provisions that have mandatory disqualification of a commercial driver license. These statutes explain the consequences for a person’s normal driver license and commercial driver license privileges, respectively.

Arizona DUI Statute and Penalties

Arizona is known to have extremely strict and dynamic DUI laws. At its base, there are four ways an individual can commit DUI found in Arizona Statute § 28-1381. From there, a number of factors can affect the punishment, sentencing, and gravity of the crime. First, an individual must have been driving or was in actual physical control while in the state of Arizona and have committed one of the following:

1. The person was under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substance if the person is impaired to the slightest degree.
2. The person has a blood alcohol concentration (BAC) of .08 or more within two hours of driving.
3. The person had any drug defined in A.R.S. 13-3401 or its metabolite in the person’s body.
4. The suspect vehicle is a commercial motor vehicle that requires a commercial driver license (CDL) and the person has a BAC of .04 or more.

An individual with a CDL license can get a DUI while in a commercial vehicle or personal vehicle. The biggest difference is the BAC level to be convicted of a DUI. The BAC for a regular DUI in a personal vehicle is .08 and for a DUI in a commercial vehicle is .04. Because of the inherent danger a larger, commercial vehicle imposes if driven by a driver under the influence there is a lower BAC level permitted.

For a regular DUI, when the driver is in a personal vehicle with a BAC of .08 or more or in a commercial vehicle with a BAC of .04 or more, the driver’s normal license will be suspended for a period of 30 to 90 days. A driver will be charged with Extreme DUI if he has a BAC of .15-.19. When the driver has a BAC of .20 or more, he will be charged with Super Extreme DUI. Each of these charges have more severe consequences and penalties, however, if a driver is charged with either Extreme or Super Extreme DUI, his regular license will be suspended for a year. These charges are classified as class 1 misdemeanors. Aggravated DUI, a class 6 or class 4 felony, is a DUI as described by the statute above with 1 of 5 additional elements included: the driver’s license is suspended or revoked, it is the driver’s 3rd DUI in 84 months, a child under 15 years old is in the vehicle, the driver has an ignition interlock device requirement, or the driver commits the DUI while driving on the wrong way on a highway.

Mandatory Disqualification of CDL

Arizona Statute § 28-3312 regulates the administration of license by the Motor Vehicle Department. Under that section, there are certain offenses that will disqualify a driver from using a CDL for different periods of time.

A. The department shall disqualify a person who is required to have a commercial driver license, who is a commercial driver license holder or who is a commercial instruction permit holder from driving a commercial motor vehicle as follows:
1. Except as provided in subsection E of this section and except as otherwise provided in this subsection, for at least one year if a person:
(a) Refuses a test in violation of § 28-1321.
(b) Is convicted of a first violation of any of the following:
(i) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.
(ii) Leaving the scene of an accident involving a motor vehicle driven by the person.
(iii) Using a motor vehicle in the commission of a felony.
(iv) A violation of chapter 4, article 3 of this title while operating a noncommercial motor vehicle. (This is the DUI statute cited above.)
(v) Driving a commercial motor vehicle while, as a result of prior violations of this title committed while operating a commercial motor vehicle, the person's commercial driver license is revoked, suspended or canceled or the person is disqualified from operating a commercial motor vehicle.

This means that a driver will lose his CDL privileges for at least one year if he is convicted of any DUI with a commercial vehicle or personal vehicle. During a DUI investigation, the police officer will read an Implied Consent form that states an individual consents to blood and breath testing when they drive on Arizona highways. If a person refuses to submit to this testing, the driver’s license will be suspended by ADOT. Subsection (a) states if a person refuses any blood or breath test during the DUI investigation the CDL privilege will be disqualified. So, even if the driver was later never convicted of the DUI, the refusal to submit to any test will still disqualify the CDL privilege.

This same statute continues to state a driver’s commercial driver license will be disqualified:

3. For the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.

Any 2 DUI’s , blood or breath test refusals, or combination of any of the other violations listed above committed after December 31, 1989 will result in a life-time disqualification of CDL privileges. While the DUI statute only penalizes a person’s normal driver license, the mandatory disqualification statute hands down harsher penalties for DUI convictions. Because of the severity of the consequences that come with a DUI, especially for a CDL holder, it is important to have an experienced defense attorney on your side.

There are a number of defenses and challenges a driver can raise during the process after being charged with DUI. Whether it is challenging the validity of the stop, the administration of any of the field sobriety tests, or the procedure of obtaining a warrant, or fighting for better terms of a plea deal, a dedicated attorney will navigate this process with you. At Peoria DUI Lawyer, you get top-notch representation with personable communication - call today.