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Arizona is ranked second in the United States for DUI prevention. Its strict, no-nonsense policies are part of a stringent, proactive approach to prevent drunk driving before it happens; after all, nearly 30% of fatal vehicular accidents in Arizona are due to driving under the influence of alcohol or some other intoxicating substance. As a result, the consequences of driving under the influence are severe – compounding in severity the more DUIs a driver is convicted of.

A Brief Overview of Arizona DUI Laws

According to Arizona state law, an individual can be charged with a DUI if they –

• Have a blood-alcohol concentration of .08% or more (or .04% or more if driving a commercial vehicle)
• Are under 21 years old and driving with any amount of alcohol or drugs in their system (even if they are not driving, an individual under the age of 21 with drugs or alcohol in their system – no matter the amount – can be charged with a Minor In Possession (MIP))
• Demonstrate observable behaviors of impairment

Should the driver be demonstrating signs of impairment (such as slurred speech, red eyes, or the inability to follow a simple conversation), an officer can request the driver submit to a field sobriety test. In Arizona, you are legally allowed to refuse a field sobriety test – especially if you believe it could result in your arrest – but refusing the test may also give the police the probable cause needed to arrest you for a DUI. According to Arizona state law, everyone who knowingly gets behind the wheel of a vehicle to drive automatically consents to any possible sobriety test requested of them, whether that’s from being pulled over or at a DUI check point.

So, let’s say the police officer determines a driver to be under the influence of alcohol. Now what?

There are four different classes of DUI that the driver could be charged with: Basic, Extreme, Super Extreme, and Aggravated. Each of these indicates a different level of intoxication (among other factors). These DUI classes break down as follows:

• Basic DUI – driver has a blood-alcohol concentration of .08% to .14% AND this is the driver’s first DUI charge.
• Extreme DUI – driver has a blood-alcohol concentration of .15% to .20%. Jail time can range from 30 – 120+ days with fines reaching more than $3,000.
• Super Extreme DUI – driver has a blood-alcohol concentration of .20% or more. Jail time can range upwards of six months with an automatic license suspension and significant fines.
• Aggravated DUI – driver is using a suspended license, driver has received three or more DUIs in an 84-month time-frame, and/or driver has a passenger under the age of 18 in the vehicle (at the time of being pulled over). A driver may also be charged with an Aggravated DUI for not complying with a sobriety test (dependent upon their specific circumstances)

What You Risk When You Drive Under the Influence

As the above shows, the overall severity of a charge is directly related to the punishments that come along with it. But what exactly are these punishments? And how do they stack up the more DUIs you receive?

The truth of the matter is that even a Basic DUI holds rather severe consequences in Arizona. A driver charged with a Basic DUI is looking at jail time of 10 or more days, over $1,200 in fines, mandatory community service (or possible intoxicated driving educational courses), and a possible license suspension.

As previously mentioned, the jail time for an Extreme DUI is a minimum of 30 days with fines totaling more than $3,000, while Super Extreme DUIs can possess jail time of six months or more with $4,000 in fines. In both cases (as well as with an Aggravated DUI) the driver will likely have their license restricted or suspended completely depending upon the specifics of the case.

An Aggravated DUI, as the most severe class of DUI in Arizona, is a Class 4 Felony, which means it can be prosecuted at the federal level – though this may be dependent on the circumstances of the case. Arizona classes DUIs as a violent crime, which is the reason for the severity of the consequences. This categorization is due to the fact that driving under the influence places grave danger on society at large and not just the driver. Prison time can range from 7-15 years depending on the amount of DUIs you have.

For every person convicted of a DUI in Arizona, the driver must also have an ignition interlock device (IID) installed on their vehicle – regardless of whether or not it is their first DUI or one of many. An IID is a device installed on a vehicle’s ignition that requires the driver to take a sobriety test (breathalyzer) prior to being able to operate (turn on) the vehicle. Arizona made these a requirement for all drivers charged and convicted of a DUI as a preventative measure against future DUI incidents. The mandatory period can last up to two years depending upon the case and the judge’s ultimate decision – and these machines aren’t cheap, either. IIDs cost approximately $100 to install and $80 per month to operate and maintain; in total, that’s an additional mandatory fine of approximately $2,000.

What to Anticipate with Multiple DUI Charges

The severity of the DUI you are charged with can stack up quickly. As we mentioned, three or more DUIs in a 7-year period automatically gets you an Aggravated DUI, with the maximum amount of jail time and fines – not to mention a full license revocation, substance abuse classes, a minimum of two years with an ignition interlock device, and more.

And if these consequences aren’t severe enough for you, here a couple other key things to consider:

In Arizona, DUI charges remain on your permanent record until you are 99; so, pretty much indefinitely. This is because there is no such thing as DUI expungement in Arizona. Rather, you may only petition the court to allow you to “set aside” your conviction – not remove it. Setting aside a conviction simply means that the government acknowledges that you have complied with all measures of your conviction and sentencing (meaning you have paid all fines, completed your jail sentence, taken all addiction/training courses, etc.)

Receive a DUI outside of the state of Arizona? It will still count toward the severity of any new DUIs you receive in Arizona – the consequences will simply stack up from there.

When to Consult a DUI Attorney

Right away!

If you have been charged with a DUI in Arizona, you should reach out to an experienced DUI attorney right away. Not only are these attorneys specialized in DUI law and familiar with various charges and sentences that you may be facing, but they can help you build a proper defense to possibly mitigate some of the severity.

“Winging” your defense or hoping a family lawyer can help you with your DUI case is never a good idea. You want someone who is already familiar and experienced with these laws.

Not sure where to start? Our highly experienced team of DUI attorneys is happy to help. Give us a call to schedule a consultation and we’ll walk you through what options are available to you. Seriously, don’t wait – contact us right away to get started.