Arizona DUI Zero Tolerance Law
Contents
Driving under the influence of alcohol or drugs is illegal in most states, including Arizona. The DUI rules in Arizona are more stringent than those in any other state in the union. As a zero-tolerance state, its DUI laws prohibit drivers from operating a vehicle if their blood alcohol content (BAC) is at or above 0.08% or if they are even slightly impaired by alcohol or drugs.
What are the different levels of DUI in Arizona?
The DUI laws in Arizona have both severe penalties and subtle restrictions. Based on the severity of the offense, each penalty is increased.
Arizona DUI Slightest Degree
is typically defined as having the “slightest degree” of intoxication while operating or having physical control over a motor vehicle. (§ 28-1381) A class 1 misdemeanor is a first-offense DUI. Therefore, to examine the potential defenses and consequences of a DUI conviction, speak with a Phoenix DUI lawyer right away.
DUI 0.08% or more
If you are 21 or older, this charge involves having a BAC of 0.08 percent. If you’re operating a commercial vehicle or are underage, the legal limit drops to 0.04 percent and 0.00 percent, respectively. You will probably also be charged with driving while intoxicated to any degree under A.R.S. 28-1381(A)(1), above, if you have been charged with DUI 0.08% or more under that section of the law.
Arizona law declares that you are presumed to be impaired if your BAC is higher than 0.08%.
Arizona Extreme DUI
If you are detected driving with a BAC of 0.15 percent or greater within two hours of driving, you may be charged with an “Extreme DUI.”
Super extreme DUI in Arizona
If it can be demonstrated that you had a BAC of 0.20 percent or more within two hours of driving, you may be charged with a “Super Extreme DUI.”
Arizona Aggravated DUI
Aggravated DUI is considered a crime in Arizona. The four “aggravators” that turn a misdemeanor DUI into a felony DUI are as follows. This also entails doing:
- DUI (a class 4 felony) while your license is suspended or revoked;
- a class 4 felony if this is your third or more DUI in 84 months (7 years);
- a DUI when your vehicle is required by law to have an ignition interlock device fitted; (also a class 4 felony)
- DUI is a class 6 felony when a minor, age 15 or under, is present in the car.
DUI Penalties in Arizona
Due to the severity of the penalties imposed on anyone found driving under the influence, Arizona is regarded as one of the states with the strongest laws regarding DUIs. In Arizona, there are three different DUI offenses. The severity of various DUI categories is influenced by a number of variables, including blood alcohol content, prior convictions, whether or not there are youngsters in the car, and others.
There are three different categories of Arizona DUI: Standard DUI, Extreme DUI, and Super Extreme DUI. There is a first offense and a second offense for each of these categories. The first offense demonstrates that the motorist has never been charged with a crime, whereas the second offense reveals that the offender has been charged with DUI in the past.
The blood alcohol level thresholds for Standard, Extreme and Super Extreme DUI are 0.08+, 0.15+, and 0.20+, respectively. DUI offenders may be subject to jail time (with the possibility of home detention), fine payments, license suspension or revocation, community service, the installation of an ignition interlock device, and counseling.
In Arizona, a third DUI offense in any of these categories within seven years is regarded as a felony. For a third DUI arrest, there is a required four-month prison sentence, a one-year license suspension, a two-year interlock device requirement, and fines totaling over $4,000 that must be paid.
Rights under the Constitution at Arizona Sobriety Checkpoints
The government established sobriety checkpoints where officers make sure that drivers have their blood-alcohol content within the legal limit of 0.08% due to the high number of DUI prosecutions in states like Arizona. It is crucial to be aware of your rights at these checkpoints as a state citizen. Don’t forget that:
- You have the choice not to respond to the officers’ inquiries. But if you choose not to respond to these inquiries, you should be quite polite.
- You have the option to politely decline to perform the DUI Standard Field Sobriety Tests (FST). These exercises involve touching your nose, walking in a straight line, and other things.
- Additionally, you have the option to decline a chemical test, such as a blood or breath test. But there can be some negative effects from this.
- You have the right to request legal counsel.
- If the police officer requests that you show them your registration and driver’s license, you should be aware that this is a legal request. You must thus provide this information and any other necessary forms of identification.
Protect Your Rights
Because Arizona has strict DUI laws, a single oversight or erroneous accusation might have a lasting negative impact on your life. Many Arizonans have been falsely accused of drunk driving by officers. If these people had known more about their rights, they could have easily prevented this. Your rights are explained to you by a DUI defense lawyer, who also assists you in DUI cases.