Arizona DUI Penalty Chart

FIRST OFFENSE DUI
BAC of .08 - .14
10 consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory
1 year

Fines / Charges
$250 + s/c to $2,500 fine/assessment fees
$500 Prison Construction
$500 DPS
Jail Costs
Screening & Counseling
Driver’s license suspended for 90 days

FIRST OFFENSE EXTREME DUI

Extreme DUI
BAC .15 - .19
30 consecutive to 180 Days in Jail

Super Extreme DUI
BAC .20 & UP
45 consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year; BAC over .20 IID 18 months
Vehicle Impounded for 30 days

Fines / Charges
$250 + s/c to $2,500 fine/assessment fees
$250 DUI Abatement
$1,000 Prison Construction
$1,000 DPS
Jail Costs
Screening & Counseling
Driver’s license suspended for 90 days to 1 year

SECOND OFFENSE DUI
BAC .08 - .14
90 of which 30 is consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year

Fines / Charges
$250/500 + s/c to $2,500 fine/assessment fees
$1,250 Prison Construction
$1,250 DPS
$250 DUI Abatement
Jail Costs
Screening & Counseling
Driver’s License revoked for 1 year

SECOND OFFENSE EXTREME DUI
Alcohol .15 - .19
120 of which 60 is consecutive to 180 Days in Jail

Super Extreme DUI
BAC .20 & UP
180 of which 60 is consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year; BAC over .20 IID 2 years
Vehicle Impounded for 30 days

Fines / Charges
$500 + s/c to $2,500 fine/assessment fees $1,250 Prison Construction $1,250 DPS
$250 DUI Abatement
Jail Costs
Screening & Counseling
Driver’s License revoked for 1 year

THIRD OFFENSE
1 year to 3.75 years in Prison
Minimum 4 Months in Prison
3rd DUI within 7 years
Probation up to 10 years
Mandatory Ignition Interlock Device
Possible vehicle forfeiture

Fines / Charges
$250 to $150,000 fine plus surcharges
Jail Assessment
Driver’s License revoked for 3 years

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Blood & Breath Tests

In the state of Arizona, it is illegal to drive if your blood alcohol concentration (BAC) is .08% or more. Blood alcohol concentration refers to the amount of alcohol in the bloodstream. When too much alcohol enters the bloodstream, an individual’s level of alertness, reaction time, inhabitations, and physical coordination become significantly impaired. So much so that he/she has a much greater chance of causing a serious or deadly accident.

Breath & Blood Testing in Phoenix

Breath Tests: In order to determine a driver’s BAC by breath, an officer will use a Preliminary Alcohol Screening (PAS) device. These machines work by burning up alcohol, which generates an electrical current that is measured and quantified with a numeric result. However, at best these machines are dubious at providing accurate BAC readings. These devices do not have "slope" detectors, which are designed to guard against mouth alcohol that causes an artificially high reading by detecting a negative slope (or sharp drop-off) in the alcohol level. In addition, they are not specific for alcohol, and are subject to error due to certain types of chemical buildup.

Blood Tests: Blood is drawn from the driver at the police station or in a lab, where it is then analyzed. Blood tests are far more accurate than a breath test, so if you know for certain that your BAC is less than .08% you should opt for a blood test. That being said, because blood tests are more accurate, it is more difficult to contest the accuracy of the results.

Do I have to submit to a breath or blood test?

Although you are not technically required to submit to a breath or blood test, It is strongly advised that you do. If you refuse to take a breath or blood test, but are found guilty in criminal court, at the MVD hearing, or both, you will face much harsher penalties than if you agreed to take the test.

However, it should be noted that you can request an independent breath or blood test. Hiring an independent laboratory to test your BAC will provide you with your own evidence to use in court, instead of relying solely on the results of the breath or blood test administered by the officer. This is not only a smart move, but is also highly advantageous to your defense.

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Arizona DUI Police Tests

Most DUI arrests occur at night and on week-ends. The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated while driving at night. The list is based upon research conducted by the National Highway Traffic Administration (NHTSA):

1. Turning with a wide radius
2. Straddling center of lane marker
3. "Appearing to be drunk"
4. Almost striking object or vehicle
5. Weaving
6. Driving on other than designated highway
7. Swerving
8. Speed more than 10 mph below limit
9. Stopping without cause in traffic lane
10. Following too closely
11. Drifting
12. Tires on center or lane marker
13. Braking erratically
14. Driving into opposing or crossing traffic
15. Signaling inconsistent with driving actions
16. Slow response to traffic signals
17. Stopping inappropriately (other than in lane)
18. Turning abruptly or illegally
19. Accelerating or decelerating rapidly
20. Headlights off

Interestingly, Speeding has not been identified by NHTSA as an indicator of impairment. However, it is a common prosecution tactic to argue that speeding is "risk taking" behavior suggestive of diminished judgment occasioned by alcohol consumption. In reality, most police officers will admit that totally sober persons drive 10 miles over the posted speed limit late at night when the traffic is light.

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