Driving Under the Influence - Arizona DUI Laws

An Arizona DUI case will be charged as either a misdemeanor or a felony offense depending upon the particular facts of the case, the status of the defendant’s driving privileges and prior criminal history. Arizona’s DUI offenses are set forth in Arizona Revised Statutes §§ 28-1381, 28-1382, and 28-1383.

Misdemeanor Offenses: A.R.S. §§ 28-1381 and 28-1382

(1) DUI: A.R.S. § 281381(A)(1)

“DUI” means “Driving under the Influence” of intoxicating liquor (or drugs). The DUI charge involves a law enforcement officer’s suspicion the DUI suspect’s ability to drive is impaired. Although evidence of the subject’s Blood Alcohol Concentration (“BAC”) is relevant to the DUI charge, this offense does not require proof of a chemical test or evidence of the suspect’s BAC. This charge can be based solely upon the suspects (1) driving behavior, (2) physical appearance and performance on field sobriety test, and (3) verbal admissions.
           
(2)  DWI: A.R.S. § 1381(A)(2)

“DWI” stands for “Driving While Intoxicated,” which requires that the accused have a BAC of .08 or greater within two hours of driving a vehicle. Unlike the DUI charge, the DWI charge requires a blood, breath or urine test.
           
(3) Extreme DWI: A.R.S. § 1382 (BAC .15 to Higher)

The Extreme DWI charge differs from the DWI charge in only two respects. First, the Extreme DWI charge requires that the accused have a BAC of .15 or higher, within two hours of driving. Second, the punishment for an Extreme DWI is much greater than for a DUI or a DWI offense.
           
(4) “Super” Extreme DWI: A.R.S. § 1382 (BAC .20 or Higher)

The “Super” Extreme DWI requires that the accused have a BAC of .20 or greater, within two hours of driving. The punishment for a “Super” Extreme DUI is greater than for an Extreme DUI offense. (See “Penalties” link on the left)

Felony Offenses – A.R.S. § 28-1383

An “aggravated” or “felony” DUI offense is a DUI, DWI or Extreme DWI, committed:
(1) While the accused’s driver’s license is suspended, restricted, revoked, canceled, etc.;

(2)  If, within a period of 84 months (7 years) the accused commits a third or subsequent DUI, DWI or Extreme DUI; or

(3)  While a passenger less than fifteen years of age is in the vehicle.


21 AND UNDER DUI LAW

In Arizona, it is illegal for anyone under 21 to drive or be in physical control of a motor vehicle while there is any alcohol in the person’s body. A.R.S. § 4-244(33). Simply put, the law punishes the presence of alcohol in the under 21 person’s body without regard to whether the person’s ability to drive was affected even in the slightest degree. And, if convicted, the under 21 driver faces a two-year license suspension. It should also be noted that under 21 drivers, in addition to being charged with underage DUI, are frequently simultaneously charged with violations of A.R.S. §§ 28-1381(A)(1) and (2).

Since the penalties and consequences for persons under 21 are so severe, it is important to have an experienced, knowledgeable and aggressive Arizona DUI attorney on your side. The transgressions we make in our early days can affect us for years to come. But many DUI’s can be successfully defended, and you would be wise to contact an Arizona DUI defense lawyer who knows this area of the law.

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