Arizona DUI Laws
Society's perspective on DUI (Driving Under the Influence) has changed dramatically in the past 30 years. DUI is no longer accepted as an unavoidable price of automobile travel. A DUI is recognized as a violent crime. These changes are mainly due to years of intense effort by federal, state and local agencies, citizen advocacy groups, nonprofit organizations, and private businesses. GOHS is determined to provide the leadership and funding to help reduce the threat of DUI drivers on Arizona's roadway. As public attitudes have changed, the percentage of alcohol related crashes has decreased. But impaired driving still takes far too great a human and economic toll. In 2011, there were 265 alcohol-related fatalities in Arizona (32% of all traffic fatalities). The Penalties for impaired driving in Arizona are severe and include: mandatory jail time, thousands of dollars in fines and court fees, driver license suspension, vehicle impoundment, and other costs.
New DUI Law
Effective in September 2007, Arizona added another penalty aimed at reducing repeat offenders: Mandatory ignition interlock devices (IID) for all offenders. Previously, IIDs were only required for aggravated and extreme DUIs. Another sentencing change is a “Super Extreme” level for offenders with a .20 BAC or higher. The sentence includes 45 days minimum in jail. For more information on the Ignition Interlock Device Law, Click here.
Title 4 - 244.33: Underage Driving under the Influence
For a person under the age of 21 years to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person's body. A conviction for Underage DUI is a misdemeanor criminal conviction.
Title 28 - 1381.A1: Driving under the Influence
ARS 28-1381 It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
- While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
- If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle.
- While there is any drug defined in Section 13-3401 or its metabolite in the person's body.
- If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver's license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more. A conviction of DUI is considered a Misdemeanor criminal conviction.
Title 28-1382: Driving Under the Influence with a Blood Alcohol Concentration (BAC) of .15 or more (Extreme DUI) ARS 28-1382
It is unlawful for a person to drive or be in actual physical control of a motor vehicle in this state if the person has an alcohol concentration of 0.15 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
- 0.15 or more but less than 0.20.
- 0.20 or more.
- A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor. A conviction of Extreme DUI is considered a misdemeanor criminal conviction.
Title 28-1383: Aggravated Driving Under the Influence
ARS 28-1383 A person is guilty of aggravated driving or actual physical control while under the influence of an intoxicating liquor or drugs if the person does any of the following:
- Commits a violation of section 28-1381 or 28-1382 or this section while the person's driver license or privilege to drive is cancelled, suspended, revoked, or refused while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381, 28-1382, or under 28-1385.
- Within a period of eighty four months (7 years) commits a third or subsequent violation of section 28-1381, 28-1382, or this section.
- Commits a violation of 28-1381 or 28-1382 while a person under 15 years of age is in the vehicle. A conviction of Aggravated DUI is considered a felony conviction.