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Driving under the influence of alcohol or other drugs can lead to severe consequences in Arizona and other states. You are providing the state of Arizona with consent to test for blood alcohol or drug content when applying for and accepting the driving privileges. Known as the Implied Consent Law, this testing can occur if you’re arrested for driving under the influence of drugs or intoxicating liquor. Among the toughest states when it comes to DUI laws, here is what you need to know if you’re charged with a DUI in Arizona.

What are the Penalties for a DUI in Arizona?

If you have an alcohol concentration of 0.08 percent or more when stopped for driving under the influence of a drug test or blood alcohol test isn’t available, your driving privileges are lost on the spot. For those driving a commercial vehicle that requires a commercial driver’s license, the alcohol concentration maximum is 0.04. You will also be required to complete an alcohol or drug screening prior to reinstating your driving privilege or obtaining a restricted permit.

Refusing to submit or unsuccessfully completing any of the tests will result in automatically losing your driving privilege for 12 months on your first refusal. If it is your second refusal within 84 months, your driving privilege is lost for 24 months. Additionally, you must also complete an alcohol or drug screening before you can get your driving privilege reinstated or obtain a restricted permit.

There are two main categories of DUI that can be imposed depending on your circumstances. A standard DUI and an extreme DUI as explained below.

Standard DUI

If your blood alcohol concentration is 0.08 or less than 0.15, here are the penalties that you will face.

• First Offense: You will be fined a minimum of $1,250 and jailed for 10 consecutive days. Undergoing alcohol screening/education/treatment will be required. Your license will be revoked for a minimum of 12 months and you will be required to equip your vehicle with a certified ignition interlock device. You will also be ordered to perform community service.
• Second and subsequent offense: You will be fined a minimum of $2,500 and jailed for not less than 90 days. This jail time is not eligible for probation or a suspended sentence. Undergoing alcohol screening/education/treatment will be required. Your license will be revoked for 12 months and you will be required to equip your vehicle with a certified ignition interlock device. You will also be ordered to perform community service.

Extreme DUI

• First Offense: You will be fined a minimum of $1,250 and jailed for 10 consecutive days. Undergoing alcohol screening/education/treatment will be required. Your license will be revoked for a minimum of 12 months and you will be required to equip your vehicle with a certified ignition interlock device. You will also be ordered to perform community service.
• Second and subsequent offense: You will be fined a minimum of $2,500 and jailed for not less than 90 days. This jail time is not eligible for probation or a suspended sentence. Undergoing alcohol screening/education/treatment will be required. Your license will be revoked for 12 months and you will be required to equip your vehicle with a certified ignition interlock device. You will also be ordered to perform community service.

Aggravated DUI

This is a separate category of DUI that occurs in the following circumstances:

• The person commits the DUI while their license is suspended, revoked, or canceled
• It is the 3rd DUI in 84 months
• The DUI is committed while a person under the age of 15 is in the vehicle
• Commits the DUI or refuses to submit to an alcohol test while there is an ignition interlock device requirement

When an aggravated DUI is committed, you will be sent to prison for no more than 2 years. Your license will be revoked for one year, in addition to the penalty that’s required by law. Undergoing alcohol screening/education/treatment will be required. Any vehicle that you operate must have a certified ignition interlock device. You will also be ordered to perform community service.

What are the Laws for DUI/DWI in Arizona?

Arizona is known for having strict zero-tolerance policies in regard to operating a motor vehicle under the influence. Even if your blood alcohol level is less than the legal limit of 0.08, you could be arrested with any amount of alcohol in your system. Here are the laws in Arizona that are associated with DUIs and DWIs.

Title 4-241: Seling or giving liquor to underage person; illegally obtaining liquor by an underage person

Title 28-1382: Driving or actual physical control while under the influence

Title 28-1382: Driving or actual physical control while under the extreme influence of intoxicating liquor

Title 28-1382: Aggravated driving or actual physical control while under the influence

Residents are provided a resource by the Arizona Department of Public Safety (DPS) to help determine their estimated level of intoxication. This guide is not intended to be used as justification to behave irresponsibly. It is meant to help residents understand the differences between a standard offense and a higher offense (extreme DUI).

What should you do if you are pulled over?

You are not required to complete field sobriety tests if you are pulled over for suspicion of a DUI or DWI. You are required to submit to a blood test or breathalyzer.

A special unit called the Metro DUI Enforcement Unit was created to help with detecting, investigating, and arrested those suspected of alcohol or drug impairment. This unit operates a DUI mobile processing van that helps assist with testing those suspected of a DUI or DWI right on the road. Therefore if it’s available you could be tested on the spot. Otherwise, you will be taken back to the police station to administer the test.

You can lose your driving privileged for 12 to 24 months if you refuse to submit to a breathalyzer or blood test. An additional screening will also be required to reinstate your license. Your right to legal counsel is available as soon as you are pulled over. Therefore call your criminal defense attorney as soon as possible. Politely decline to speak with anyone once you reach the station until your legal counsel is present.

Can you Expunge a DUI in Arizona?

An expungement is the process of permanently removing a charge from your record. A true expungement is not possible in the state of Arizona for people over the age of 18. The only option is called “setting aside a conviction” which restores rights that were lost as a result of the conviction. The charge itself remains on your record.

You can view your Motor Vehicle Record for a nominal fee. Non-traffic and non-license criminal offenses are not listed there, however. To have a DUI or DWI conviction set aside in Arizona, the following requirements must be met:

• Fees and fines must be paid in full
• Successful completion of probation
• Completion of any jail sentence
• Completion of all mandatory classes
• Compliance with court-mandated orders such as the installation of an Ignition Interlock Device

Make sure that you keep a record of everything that is related to your sentence. This will help your criminal defense lawyer build a solid case.