Arizona DUI Laws

Arizona officially uses the term "driving under the influence" (DUI) instead of "driving while intoxicated" (DWI). However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving.

This article gives an overview of Arizona's DUI laws and the penalties for a first, second, and third conviction.

Arizona's DUI Laws

To get a DUI conviction in Arizona, prosecutors generally must prove two things: the driver was under the influence and driving or in actual physical control of a vehicle.

How the Law Defines "Under the Influence"

Under Arizona's DUI laws, a driver is considered to be "under the influence" if he or she:

• has a blood alcohol concentration (BAC) of .08% or more, or
• while under the influence of drugs or alcohol if the driver is impaired to the slightest degree.

Arizona also has a "not-a-drop" law that makes it illegal for motorists who are under the age of 21 years to drive with any detectable amount of alcohol in their system. This is commonly referred to as a "baby DUI."

You Can Get a DUI Even If You Weren't Actually Driving

In addition to driving or operating a car, a person is prohibited from being in "actual physical control" of a car while under the influence of alcohol or drugs or with a BAC of .08% or more. The idea behind this law is to stop drunk driving before it starts.

Factors of Consideration

Some factors a judge or jury might consider in determining whether a driver was in actual physical control of a vehicle include:

• whether the vehicle was running
• where the ignition key was located
• where and it what position was the driver found in the vehicle
• whether the driver was asleep or awake
• whether the vehicle's headlights were on
• where the vehicle was stopped in the road or legally parked.

Every situation is different. So, it's best to consult an experienced DUI attorney to see if you've been properly charged with an actual-physical-control DUI.

"Sleeping-it-Off" Defense

Arizona law provides a defense to a DUI for drivers who can establish that they were not in actual physical control of their vehicle because they were using their car to merely "sleep it off."

When a driver makes a case for the sleep-it-off defense, the jury is asked to answer this question: Was the driver using the vehicle as a shelter or did the driver pose a threat to the public by the exercise of present or imminent control over the vehicle while impaired?

Arizona DUI Penalties

Arizona DUI penalties vary depending on the facts of the case. The ranges of penalties depend, in large part, on the driver's BAC and how many prior convictions the person has.

Arizona's Aggravated DUI Penalties

As you will see below, Arizona imposes aggravated penalties for DUIs that involve certain facts. The most influential of these aggravating factors relate to the driver's BAC and the number of prior DUI convictions the driver has.

Penalties for a First DUI in Arizona

Here is what the potential sentences generally look like for a first DUI based on the driver's BAC:

Penalties for a Second DUI in Arizona

Arizona punishes repeat DUI offenders harshly. Here are what the potential sentences generally look like for a second DUI based on the driver's BAC:

Penalties for a Third DUI in Arizona

A third DUI within seven years is a felony and carries:

• a mandatory prison sentence of at least four months
• license revoked for one year
• a two-year IID requirement, and
• over $4,000 in fines and assessments.

Of course, the specific penalties a driver will end up with for a felony DUI depend on the circumstances of the case.

Implied Consent and Refusing a Blood or Breath Test in Arizona

Under Arizona's "implied consent" laws, all drivers lawfully arrested for a DUI are required to submit to a blood or breath test. A refusal will result in the following license suspensions periods:

For purposes of determining what is a second subsequent refusal prior DUI convictions, refusals, and failed BAC test (.08% or greater) within the past seven years are counted.