Arizona DUI Laws and Penalties
Explained
When confronted with a DUI (Driving Under the Influence) charge in Arizona, it's imperative to grasp the state's DUI laws and penalties for successful legal maneuvering.
Arizona DUI laws are tough, carrying harsh penalties for those found guilty, including financial sanctions, license suspension, and possible jail time. This guide offers a detailed analysis of DUI penalties in Arizona to keep you educated and ready.
An Overview of Arizona DUI Laws
Arizona DUI laws are administered by ARS § 28-1381, which prohibits operating or maintaining actual physical control of a vehicle while under the influence of alcohol or controlled substances. The state enforces harsh penalties for DUI violations, with consequences that increase substantially for repeat violators.
Under Arizona law, DUI (Driving Under the Influence) of alcoholic beverages, chemical substances, or controlled substances is one offense, established by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of 0.08 or above.
Arizona operates under an "implied consent" law, meaning that by operating on Arizona roads, you automatically consent to chemical testing if lawfully arrested for DUI. Refusing to submit to testing results in automatic license suspension and can be used as evidence against you in court.
An Overview of Arizona DUI Penalties
Under Arizona law (ARS § 28-1381), DUI penalties may include heavy fines, potential imprisonment, license suspension, and mandatory ignition interlock device installation, with severity based on your record and specific case details.
These outcomes can significantly impact your driving privileges, job opportunities, and financial status. Whether you're looking for general information or dealing with DUI charges, it's important to understand Arizona's tough laws and increasing penalties for each offense.
Specific Penalties for a DUI in Arizona
Arizona DUI Fine Schedule
In Arizona, DUI fines grow with each offense. The penalties become harsher if your blood alcohol level is 0.15 or above or if a child was in the car during the arrest. These situations are viewed as especially dangerous.
The state uses financial penalties to highlight the severity of impaired driving. Repeat offenders face much higher fines as a way to discourage dangerous behavior patterns and protect public safety.
First Conviction
Second Conviction
Third Conviction
Fourth+ Conviction
Arizona Imprisonment Terms
Arizona applies tougher jail sentences for each DUI conviction. A first offense may result in up to one year of imprisonment, but higher blood alcohol levels or aggravating factors can extend that penalty.
Repeat offenses lead to mandatory minimum jail terms that grow significantly. The law also requires certain jail time to be served consecutively to ensure the offender cannot easily avoid the sentence.
First Conviction
- 10 days (9 suspended with screening/alcohol)
- Extreme: 30 days (21 suspended), Super Extreme: 45 days (31 susp)
Second Conviction
- 90 days (60 suspended with screening)
- Extreme: 120 days consecutive, Super Extreme: 180 days consecutive
Third Conviction
- Class 4 felony - minimum 4 months
- Aggravated DUI with prison sentence
Fourth+ Conviction
- Class 4 felony - minimum 4 months
- Enhanced felony with longer sentence
Arizona Vehicle Impoundment/Immobilization
Arizona law may require the offender's vehicle to be impounded after certain DUI convictions. The length depends on the specific circumstances and prior offenses.
This penalty serves as a deterrent by limiting the offender's immediate ability to drive again. Vehicle impoundment or forfeiture may be ordered, especially for repeat offenders or when the vehicle was used in commission of the offense.
Unless the family has no other transportation:
Arizona Driver License Revocation Periods
Losing your driver's license in Arizona after a DUI is common, and the length depends on the offense details. First offenses typically result in a suspension that lasts 90 days, but that time grows significantly for repeat offenses.
Multiple offenses lead to much longer suspensions. After a fourth conviction, the state suspends your license for five years. In some cases, you may apply for limited driving privileges after serving a minimum period, but this is not guaranteed.
First Offense
- • Without aggravation: 90 days - 360 days
- • Enhanced: With enhanced BAC: 120 days - 18 months
Second Offense
- • Within 84 months: 1 year minimum revocation
- • Enhanced: Ignition interlock 12 months
Third Offense
- • Within 84 months: 1 year minimum revocation
- • Enhanced: Aggravated DUI - possible longer period
Fourth+ Offense
- • Within 84 months: 1 year minimum revocation
- • Enhanced: Aggravated DUI - possible longer period
Serious DUI Offenses in Arizona
Arizona treats DUI-related fatalities as serious felonies. DUI manslaughter can carry up to 15 years in prison and a substantial fine. If the driver flees the scene, the charge becomes even more severe.
Vehicular homicide follows a similar pattern. These cases demonstrate how Arizona distinguishes common DUI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.
DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Arizona Ignition Interlock Law and Device Guidelines
Arizona law mandates ignition interlock devices for certain DUI convictions. The requirements vary based on the offense level and blood alcohol content at the time of arrest. First-time offenders with a BAL of 0.15 or higher must install an ignition interlock device for one year, while those with lower BAC levels require six months.
Repeat offenders face mandatory ignition interlock requirements ranging from two to four years, depending on their BAL and conviction history. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.
All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.
For complete statutory language and the most current information, please refer to:
ARS § 28-1381Arizona Department of Transportation (ADOT)
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