Arrests for driving under the influence (DUI) in Arizona have decreased over the past year, with some types of DUIs decreasing by as much as 50 percent. Information provided by the Arizona Governor’s Office of Highway Safety shows that there were less underage DUI arrests, DUI misdemeanors, and DUI arrests for underage drivers in 2020. That’s good news for everyone concerned, and no doubt credit is at least partially due to Arizona’s strict DUI laws.
But these statistics matter little to someone who is currently facing a DUI charge in the Grand Canyon State. If you are one of them, learning everything you need to know to provide you with the best possible outcome for your case may seem daunting. From types of DUIs and penalties to finding a DUI attorney that’s right for you, the information below will help you successfully navigate your circumstances and prepare you for what lies ahead.
Yes. Arizona has a zero-tolerance law stating that even though your blood alcohol content (BAC) level may be below the legal limit, you can still be arrested and convicted of a DUI. The arresting officer will determine if they have probable cause to suspect your driving has been affected by alcohol or drugs. In Arizona, you can receive a DUI if you are impaired “to the slightest degree.” Impairment can be the result of alcohol, but may also occur due to the use of methamphetamines, marijuana, crack cocaine, or even prescription painkillers.
People are sometimes surprised to learn that police officers regularly stop drivers who appear to be driving just fine. Many people, in fact, who are charged with a DUI were pulled over because they forgot to use their turn signal, made too wide of a turn, had a light out, were speeding, or did not stop properly at a traffic signal. Arizona police officers must be certain beyond a reasonable doubt that the person operating the vehicle has broken a law or regulation in order to make an investigative stop.
Once a suspect is pulled over, the officer can then do a field sobriety test if they suspect that the driver is under the influence of alcohol or drugs. You can also be pulled over legitimately in Arizona for things like:
In Arizona, driving under the influence will typically result in one of four different charges, a Standard DUI, an Extreme DUI, a Super Extreme DUI, or an Aggravated DUI.
A Standard DUI is charged when a person’s BAC is .08 percent or higher.
An Extreme DUI occurs when an individual’s BAC level reaches .15 or higher.
A Super Extreme DUI results from a BAC of .20 percent or more.
An Aggravated DUI is basically any DUI that includes “aggravating factors,” such as:
Penalties for a DUI in Arizona will vary based on the type of DUI you are charged with and your criminal history. Generally, most DUIs can involve fines and fees, potential jail time, ignition interlock devices, performing community service, or alcohol screening and treatment.
For a first offense Standard DUI, you can expect a fine of not less than $1250 and jail time of not less than ten consecutive days. Many people are required to undergo an alcohol assessment and screening, which can result in additional costs for treatment and education classes. You may also be required to install and pay for an ignition interlock device and/or complete a certain number of hours of community service. If this is a second (or more) offense, fines increase to a minimum of $3000 and jail time can result in a minimum of 90 days.
Penalties for an Extreme DUI vary based on whether this is your first, second, or third offense. A first offense Extreme DUI typically results in:
Each subsequent Extreme DUI charge will increase penalties significantly. A second Extreme DUI conviction, for instance, requires a minimum jail time of 120 days (60 days served consecutively) if the conviction occurred within 84 months (7 years) of the first. Fines also increase to a minimum of $3740. A third Extreme DUI conviction within seven years (84 months) of the first offense is a felony and qualifies as an Aggravated DUI. Penalties increase accordingly and costs can run up to $20,000 or more.
Laws surrounding a Super Extreme DUI are strict, and anyone with a .20 BAC or above on their first offense will face:
Aggravated DUIs are felonies and, in addition to the mandatory installation of an ignition interlock device, fines start at $1800 and increase with each additional offense. Prison sentences range from up to 3.75 years for a first offense and can to six years for a third offense.
Most DUI lawyers will offer a free initial consultation to discuss your case before you actually hire them. The average fee for a DUI attorney in Arizona is $1900. However, costs vary greatly depending on your case and the experience of the attorney. Attorneys who negotiate a plea may charge as little as $700 and, if the case ends up going to trial, you could pay as much as $4000 or more.
When researching potential attorneys to represent you, consider their background and experience, including how many successful DUI jury trials they have been involved with. You may also want to ask if they have ever served as a DUI prosecutor. Former prosecutors often have extensive experience in DUI trials and cases.