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.
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.
Under Arizona's DUI laws, a driver is considered to be "under the influence" if he or she:
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."
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.
Some factors a judge or jury might consider in determining whether a driver was in actual physical control of a vehicle include:
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.
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 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.
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.
Here is what the potential sentences generally look like for a first DUI based on the driver's BAC:
Impaired or Per Se DUI (BAC of .08 to .149%) |
Extreme DUI (BAC of .15 to .199%) |
Super Extreme DUI (BAC of at least .20%) |
|
Jail |
Minimum 10 days in jail (all but 24 hours may be suspended after alcohol screening is completed) |
Minimum 30 consecutive days in jail (all but 9 days may be suspended if the driver installs an ignition interlock device (IID)) |
Minimum 45 consecutive days in jail (all but 14 days may be suspended if the driver installs an IID) |
Fines |
At least $1,480 |
At least $3,000 |
At least $3,250 |
License Suspension |
At least 90 days |
At least 90 days |
At least 90 days |
Ignition Interlock Device (IID) |
1 year mandatory (but may be eligible for 6-month reduction) |
1 year mandatory |
1 year mandatory |
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:
Impaired or Per Se DUI |
Extreme DUI |
Super Extreme DUI |
|
Jail |
Minimum 90 days in jail (30 days must be served consecutively and all but 30 may be suspended after completion of drug screening and treatment) |
Minimum 120 days (60 served consecutively) |
Minimum 180 days (90 served consecutively) |
Fines |
At least $3,000 |
At least $3,250 |
At least $4,250 |
License Revocation |
At least 1 year (but may be eligible for a restricted license after 45 days if IID is installed) |
At least 1 year (but may be eligible for a restricted license after 45 days if IID is installed) |
At least 1 year (but may be eligible for a restricted license after 45 days if IID is installed) |
Ignition Interlock Device (IID) |
1 year mandatory |
1 year mandatory |
1 year mandatory |
A third DUI within seven years is a felony and carries:
Of course, the specific penalties a driver will end up with for a felony DUI depend on the circumstances of the case.
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:
1st Offense |
2nd or Subsequent Offense |
|
License Suspension |
1 year |
2 years |
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.