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The state of Arizona categorizes driving under the influence (DUI) charges using four main classes: basic, extreme, super extreme, and aggravated.

A driver can be charged with a basic DUI if their blood alcohol level measures between .08 and .14 percent, while an Extreme DUI indicates a blood alcohol level that measures .15 percent or greater. A second “Extreme DUI” then becomes a “Super Extreme DUI”. A driver will also be given a Super Extreme DUI if their blood alcohol level reads .20 or higher.

The most severe of the DUI categories, the Aggravated DUI, is applicable for drivers who commit a DUI while their license is suspended (including revoked and cancelled licenses), commits three DUIs within an 84-month time frame, refused to submit a blood sample while using a CII device, or has a person younger than 18 in the vehicle with them when they’re pulled over and/or charged.

Arizona DUI Law Basics

What exactly is a DUI? How is it defined by Arizona law and how does the process work?

Breaking it down to the simplest terms, you can be charged with a DUI if you meet any of the following:

• A reading of .08% or more during a blood-alcohol test
• Having a blood alcohol level of .04 while driving a commercial vehicle
• Driving with any amount of drugs or alcohol in your system while under 21 years of age
• Driving while impaired (as a result of alcohol and/or drugs)

In Arizona, you can even be charged with a DUI without actually driving a vehicle. Okay, but what does this actually mean?

When a driver is pulled over, there are a lot of things to consider, and whether or not the driver is arrested or convicted is up to the best judgement of the arresting officer and judicial bodies involved in the case. Was the vehicle on and running at the time of arrest? Was the driver sleeping? Awake? The nature of the circumstances needs to be taken into account.

If a driver can prove that he or she was taking shelter in a vehicle rather than using it as a mode of transportation, this is known as the “Sleeping-it-Off Defense” and is considered legitimate in the state of Arizona.

Another option for officers who suspect a driver of driving while under the influence is to administer a sobriety test. According to Arizona law, if someone gets behind the wheel of a vehicle with the intent to drive, they automatically provide their consent to the random administration of field sobriety tests. A refusal to take one of these tests will result in the suspension of your license for an entire yea whether or not you’ve been previously charged with a DUI.

Marijuana DUIs and Affirmative Defense

So now that we know about driving under the influence of alcohol, what about driving while intoxicated from drugs? Especially now that Arizona has legalized recreational marijuana, it’s important for individuals to understand what this entails when it comes to DUI laws.

In 2015, an Arizona Supreme Court case set forth a precedent called the “affirmative defense.” Arizona’s Supreme Court determined that citizens who are in legal possession of a medical marijuana card (now, recreational marijuana as well) have a viable defense tactic should they be arrested for a DUI. This does NOT mean that medical marijuana card holders or individuals legally using recreational marijuana are exempt from DUI laws. Rather, these individuals have a much more stable foundation to argue the context of their situation.

For example, if a driver is pulled over under the suspicion of drugged driving and there are traces of marijuana found in their system, BUT this person is legally allowed to be in possession of a certain amount of marijuana, there is now legal precedent for this person to argue that he or she did not have enough marijuana (or metabolite – what marijuana becomes as it’s breaking down in your body) in their system to cause impaired driving.

Keep in mind that, in Arizona, the driver’s state of impairment matters. Similar to the 0.08 blood-alcohol level reading to determine impairment (from alcohol) while driving, impairment due to drugs must also be identified in order to make the charges stick. This is most commonly done in two ways: conducting chemical tests or charging the driver with an “impaired DUI.” An impaired DUI means that, based on the knowledge and experience of the officer, the driver appeared to be intoxicated at the time of arrest.

Depending on the circumstances of the case, the driver can potentially argue that they were not under the influence of drugs by providing other reasonable causes for the symptoms the police observed (e.g. red eyes, smell, etc.) That being said, this is not always possible, and if a chemical test returns a positive result for marijuana or THC, legal cardholders and recreational marijuana users now have a more significant way in which to protect themselves.

Punishments and What You’re Risking If You Drive While Intoxicated

When it comes to punishments for DUI’s in the state of Arizona, even the consequences for a Basic DUI can be severe and can include 10+ consecutive days in jail, more than $1,200 in fines, the suspension of your license, and mandatory community service. Punishments such as jail time, license suspension, and fines increase based on the number of DUIs a driver has been charged with as well as the severity of the DUI charge in question.

For Super Extreme DUIs, jail time can total up to 180 days with up to $4,000 in fines. But perhaps the most severe of the consequences is the mandatory interlock device. For all Arizona DUI convictions, the state requires the driver to use an interlock ignition device for a given period of time. An interlock device is one that measures a driver’s blood-alcohol level before allowing them to start their car. This is meant to prevent future intoxicated driving incidences and catch violations early. For Super Extreme DUIs, the mandatory period for use of an interlock system can last up to 2 years. It costs $100 to install and approximately $80 a month to maintain – what, essentially, equates to another $2,000 in fines.

The reason these punishments are so severe is directly related to the fact that a DUI is considered to be a “violent crime” in Arizona due to the risk drunk and/or drugged driving places on society in general.

If a driver is convicted of a DUI, he or she must apply for a restricted license. This means that they can still drive, but with certain limitations (such as time of day and location).

In Conclusion

Bottom line, driving while under the influence – whether that’s alcohol or drugs – is dangerous and definitely illegal. If you’ve been arrested or charged with driving under the influence, it’s essential that you contact a lawyer right away. A lawyer will be the best person to defend your interests and protect your rights. To learn more, reach out to our experienced and talented team of lawyers – we’re happy to answer any questions you may have.