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Arizona takes DUI laws very seriously, with punishments that include hefty fines as well as mandatory jail time. The reason behind this aggressive approach is to deter drivers from getting behind the wheel while intoxicated; the state preferring to implement these preventative measures rather than simply punish those found guilty of driving under the influence. In fact, Arizona ranks second in the nation for DUI prevention efforts.

As recently as 2016, intoxicated driving accounted for 24% of all car-crash fatalities in the state. On average, arrests related to intoxicated driving spike during holiday weekends, putting not just those driving intoxicated at risk, but everyone on the road. For this reason, Arizona’s punishments for committing multiple DUI offenses are significant. A driver that commits two or more DUIs is automatically facing Class 4 felony charges.

But let’s rewind for a moment. We’ve outlined key considerations and questions when it comes to the setup of Arizona DUI laws. Starting with the basics of how a DUI is defined in Arizona, learn the most important aspects of DUI law, categories of DUI, and punishments for offenders.

What are the basics of a DUI in Arizona?

You can be charged with a DUI if you meet any of the following:

• A blood alcohol level of .08% or more
• A blood alcohol level of .04 in a commercial vehicle
• Driving under the age of 21 with any amount of drugs or alcohol in your system
• Driving while impaired (due to alcohol and/or drugs) in any form

You can even be charged with a DUI without physically operating a vehicle. What does this mean? There is a lot to take into consideration, and how a driver is arrested and/or prosecuted is often up to the judgement and interpretation of the arresting officer and judicial bodies involved. For example, was the vehicle running? Were the keys in the ignition? Was the driver awake or asleep? While the nature of the circumstances must be taken into account, officers can still charge an individual with a DUI should they suspect intoxicated operation of a vehicle.

If a driver can prove that he or she was using the vehicle as a shelter and not as a mode of transportation, this is known as the “Sleeping-it-Off Defense,” and is a legitimate defense in the state of Arizona.

Officers on the scene who suspect a driver of driving under the influence can choose to administer a sobriety test. According to Arizona state law, anyone who gets behind the wheel of a car automatically consents to possible sobriety tests. Refusing to take these tests will result in an automatic suspension of your license for one full year – regardless of whether or not this is your first offense.

Arizona Categories of DUI

As part of its strict regulations on driving under the influence, Arizona has multiple classes of DUI: basic, extreme, super extreme, and aggravated.

A Basic DUI is applicable if a driver’s blood alcohol level measures between .08 and .14 percent, while an Extreme DUI accounts for a blood alcohol level that measures .15 percent or greater. A driver will be given a Super Extreme DUI if their blood alcohol level reads .20 or higher.

An Aggravated DUI – the most harshly punished of all DUI charges – is applicable if the driver commits a DUI while their license is suspended (this also includes licenses that have been revoked or cancelled), commits three DUIs within an 84-month time frame, has a person under the age of 18 in the vehicle with them, or refused to submit a blood alcohol test while using a CII device.

Certified Ignition Interlock Devices

So, what exactly is this CII device? CIID stands for Certified Ignition Interlock Device. This device is part of a program set up by the Arizona state government in order to prevent future intoxicated driving incidents and reduce the risk of repeat offenders. Anyone convicted of a DUI, regardless of whether it is the driver’s first infraction or not, must install a CIID in their car. This device forces the vehicle’s operator to submit a breath sample in order to activate the engine. If the user fails the breathalyzer test (meaning there is any amount of alcohol detected whatsoever), the vehicle will not start.

Most individuals who have a CIID installed in their vehicles are also limited as to where they are able to drive. This is often restricted to essential locations only, such as the driver’s place of work, doctor’s office, etc.

What Is at Risk?

Punishments, even for a Basic DUI, can be severe, and can include 10 or more consecutive days of jail time, more than $1,200 in fines, license suspension, and community service. Jail time, fines, license suspension, and other punishments are increased based on the number of DUIs committed by the driver as well as the severity of the DUI charge.

These harsher punishments are due to the fact that a DUI is considered to be a “violent crime” due to the risk drunk driving places on society at large.

In all cases, the state of Arizona requires the driver to use an interlock ignition device for a given period of time (often dependent upon the full charges). This is meant to prevent future intoxicated driving incidences from occurring.

If an individual is convicted of driving under the influence, he or she must apply for a restricted license; meaning they are able to drive but with certain limitations such as time of day and location.

Are DUI Laws Limited to Alcohol Infractions?

Drugged driving is on the rise in Arizona, and while it’s still not as prevalent as drunk driving, drugged driving accidents have significantly increased in the past few years. As a result, drugged driving has begun to be incorporated into Arizona DUI laws, testing, and punishments.

Today, many of Arizona’s police force are trained as drug-recognition experts, meaning they can identify signs of drug abuse and intoxication. Additionally, the state has a zero-tolerance policy for driving while under the influence of drugs. A positive test, regardless of how “high” the driver is, is a punishable offense.

Punishments for driving while intoxicated – whether that intoxication is due to alcohol or drugs – are equally severe.

I’ve Been Arrested for a DUI in Arizona. Now What?

First thing’s first: get a lawyer.

You’re going to want someone experienced in Arizona DUI law and license restoration. The structure of Arizona DUI law is different than many other states throughout the U.S., so make sure the lawyer you consult is experienced in these laws specifically.

This person will be able to guide you through the legal process and answer any questions you may have so you can make educated choices when it comes to your defense. Arizona takes drunk driving very seriously; you need to as well.