Understand DUI in Arizona
If you think Arizona's summer heat is intense, wait until you experience its DUI laws. Known nationwide for having some of the strictest regulations against impaired driving, the Grand Canyon State takes driving under the influence of alcohol or drugs extremely seriously. Understanding these laws isn't just advisable; it's crucial for anyone holding an Arizona driver's license or simply passing through. An Arizona DUI often feels more like a legal scorpion sting, leaving long-lasting effects. Let's break down the landscape.
The Basics: Standard DUI (ARS § 28-1381)
Arizona law makes it illegal to drive or be in "actual physical control" of a vehicle under several circumstances. The two most common charges under the primary DUI statute are:
Impaired to the Slightest Degree: This is Arizona’s famously low threshold. If alcohol, any drug (legal or illegal), or a combination thereof impairs your ability to operate a vehicle even minimally, you can be charged. Forget needing to be falling-down drunk; appearing slightly "buzzed" or exhibiting minor driving errors attributed to impairment can be enough for an officer to argue this charge.
Illegal Blood Alcohol Concentration (BAC): It's unlawful to drive or be in actual physical control with a BAC of 0.08% or higher within two hours of driving (if the alcohol was consumed before or during driving). This is the "per se" limit – exceed it, and you've violated the law, regardless of whether you felt impaired.
A first-offense conviction under this statute is typically a Class 1 Misdemeanor, carrying mandatory minimum penalties including jail time (often starting at 10 days, though potentially reducible with alcohol screening/treatment), significant fines and fees easily exceeding $1,500, license suspension, and installation of a costly Ignition Interlock Device (IID) on your vehicle for potentially a year.
Turning Up the Heat: Extreme & Super Extreme DUI (ARS § 28-1382)
Arizona doesn't stop at 0.08%. If your BAC is significantly higher, the state rolls out the less-than-red carpet for enhanced misdemeanor charges:
Extreme DUI: Driving with a BAC of 0.15% or more (but less than 0.20%). Penalties jump significantly: minimum 30 days jail, higher fines (often $2,500+), and a longer IID requirement.
Super Extreme DUI: Driving with a BAC of 0.20% or higher. At this level, where judgment is arguably on vacation in another state, Arizona imposes even harsher minimums: minimum 45 days jail, even steeper fines (often $3,000+), and potentially an 18-month or longer IID requirement.
Commercial Drivers: A Lower Bar, Higher Stakes
For those holding a Commercial Driver's License (CDL), the rules are far stricter. While operating a commercial vehicle:
The per se BAC limit drops to 0.04%.
Having any detectable amount of alcohol (even below 0.04%) requires the driver to be placed out-of-service for 24 hours.
A DUI conviction for a CDL holder, even in their personal vehicle, often results in a one-year disqualification of their CDL for a first offense, and potentially a lifetime disqualification for a second offense involving DUI. For professional drivers, a DUI can easily be a career-ending event.
See this article for more information: New DUI Rules: What Rideshare Drivers Need to Know
Not Just Alcohol: Drug DUI (DUI-Drugs)
Arizona DUI law is technology-neutral when it comes to impairment. Driving impaired "to the slightest degree" by any drug – illegal narcotics, marijuana, prescription medications, even over-the-counter drugs – could lead to a DUI conviction under ARS § 28-1381(A)(1).
Furthermore, Arizona has a tough per se rule for certain drugs under ARS § 28-1381(A)(3). It is illegal to drive with any metabolite of a drug listed in ARS § 13-3401 (this includes substances like marijuana metabolites, cocaine metabolites, methamphetamines, etc.) in your system. Impairment doesn't need to be proven for this specific charge. There's an exception if the drug was taken according to a valid prescription, but you can still be charged under the "impaired to the slightest degree" theory if that prescribed medication affected your driving ability.
What about medical or recreational marijuana? While legal for adults under certain conditions, driving while impaired by marijuana "to the slightest degree" remains illegal. The per se metabolite rule is slightly different for marijuana post-Prop 207; the state generally must prove impairment, not just the presence of metabolites, for a marijuana DUI conviction unless it was illegally consumed. A medical marijuana card is not a defense against being impaired.
Repeat Performances & Felonies: Subsequent and Aggravated DUI (ARS § 28-1383)
Arizona really frowns upon repeat performances. A second standard DUI conviction within 84 months (7 years) carries significantly increased mandatory minimum penalties compared to a first offense, including much longer jail sentences (e.g., 90 days minimum for standard DUI, 120 days for Extreme, 180 days for Super Extreme), higher fines, and longer license revocations.
Things get truly serious when a DUI becomes "Aggravated," elevating it to a felony:
Committing any DUI while your license is suspended, revoked, cancelled, or refused.
Committing a third DUI (any type) within an 84-month period.
Committing any DUI while a passenger under 15 years old is in the vehicle.
Committing any DUI while required by law to have an Ignition Interlock Device installed.
(More recently added) Committing DUI while driving the wrong way on a highway.
An Aggravated DUI conviction is a felony (often Class 4 or Class 6), meaning mandatory prison time (not county jail), thousands in fines, a lengthy license revocation (often 3 years or more), installation of an IID for an extended period upon eventual reinstatement, and the potential for lifelong consequences of a felony record, including the loss of civil rights like voting and firearm possession.
The Bottom Line
Arizona's DUI laws are complex, multi-layered, and carry severe, potentially life-altering consequences across criminal, administrative (license), financial, and personal realms. Whether it's your first alleged offense, involves drugs, concerns a CDL, or is a subsequent charge potentially escalating to a felony, the stakes are incredibly high. Facing an Arizona DUI charge without experienced legal representation? That’s like facing a desert haboob armed only with sunglasses. If you find yourself in this situation, contacting a knowledgeable Arizona DUI defense attorney immediately is not just recommended, it's essential.
