Arizona DUI Laws, Penalties, Fines, and Hiring an Attorney

Driving under the influence (DUI) in Arizona is a crime. Arizona has classified DUIs as Extreme DUI,
Aggravated DUI, and Juvenile/Underage DUI.
DUI in Arizona is based on a person's ability to operate a motor vehicle. DUIs include being under
the influence of intoxicating liquor, any drug, vapor releasing substances containing toxic
substances, or a combination of these substances. Penalties in Arizona will depend on the degree of
the DUI. Hiring an attorney would be a wise choice if charged with a DUI.
Types of DUIs in Arizona
A person will be charged with a DUI if they have a blood alcohol concentration (BAC) of 0.08 or
more within two hours of driving or being in actual physical control of a vehicle. If a person is
driving with a commercial driver licenses, the person will be charged with a DUI if they have a BAC
of 0.04 or more. Arizona has a zero tolerance law for anyone under the age of 21.
There are three different classes of DUIs a person can be charged with beyond a regular DUI,
depending on the circumstances:
Extreme DUI - will be charged if a person has a blood alcohol concentration of 0.15 or more
Aggravated DUI - this form of a DUI will be charged if a person commits a violation of DUI or
Extreme DUI while the person's driver license is canceled, suspended, revoked, or refused, or within
a 7 year period commits a third or subsequent violation of DUI or Extreme DUI, or commits a
violation of DUI or Extreme DUI while having a person under the age of 15 in the vehicle, or if an
ignition interlock device was ordered and the person commits a violation of DUI or Extreme DUI or if
the person refuses to take a breath, blood or urine test in a DUI investigation.
Juvenile/Underage DUI - will be charged for any person under the age of 21 who operates or is in
physical control of a motor vehicle and any amount of spirituous liquor has been consumed.
DUI Penalties and Fines in Arizona
Arizona has five different penalties for DUI offenses. Penalties will incur based on the level of DUI a
person has been charged with and found guilty.
Driving Under the Influence - Class 1 misdemeanor, 0.8 BAC or more;
$250 fine plus two additional assessments of $500 each
Minimum of 10 consecutive days in jail, judge may suspend all but 24 hours if the person completes
a court ordered alcohol or drug screening treatment program
Equip any motor vehicle the person will operate with a ignition interlock device
Person may be ordered to perform community restitution
Extreme DUI - Class 1 misdemeanor, 0.15 BAC or more;
$250 fine plus an additional assessment of $250
$1000 assessment plus a second $1000 assessment
Minimum 30 consecutive days in jail, person will not be eligible for probation or suspension of
execution of sentence unless entire sentence is served
Equip any motor vehicle the person will operate with a ignition interlock device
Person may be ordered to perform community restitution
Person may be ordered to undergo alcohol monitoring
Aggravated DUI - Class 4 Felony if reason for aggravation is license suspension or 3rd DUI in 7
years;
Probation up to 10 years
$750 fine plus $1000 assessment, plus a second $1,500 assessment
$250 DUI abatement fee
Person must pay for and install Ignition Interlock Device
Person must serve a minimum of 4 months is prison
License is revoked for 3 years
Aggravated DUI - Class 6 Felony if reason for aggravation is child 15 years of younger in vehicle;
Probation for up to 10 years
$750 fine, plus $1,500 assessment, plus a second $1,500 assessment
$250 DUI abatement fee
Person must pay for and install Ignition Interlock Device
Person must serve a minimum of 10 consecutive days in jail
License is revoked for 3 years
Underage DUI - Class 2 misdemeanor - person under 21 with any alcohol in system;
$1,500 fine plus 80% surcharge is assessed
Probation period up to 2 years
Person must pay for and install Ingnition Interlock Device
If person under 18, 2 year license suspension (court can restrict)
If person under 21, 30 day license suspension with 60 days restricted home/work/school/treatment
Statistics and Retaining an Attorney for DUI
Being charged with a DUI in the state of Arizona is a serious offence. Obtaining a lawyer is always in
the best interest of the person being charged. Fines and penalties will be assessed per state law. An
experienced attorney can guide a person being charged with a DUI through the court system and
may help to get fines or sentences reduced. Find an attorney quickly after being charged. The
internet and the phone pages are the first place to start looking. Make sure the lawyer hired is
experienced and reputable with DUI cases.
On average, 72% of DUI sentences in Arizona result in prison time. In 2006, there were 35,877 DUI
arrests in the state of Arizona. Drivers who were drinking were involved in 23.73% of all crashes
ending in fatalities in Arizona, in 2006. In 2007, Arizona had the third largest decrease in the
number of alcohol-impaired driving fatalities. The safest way not to obtain a DUI in the state of
Arizona is to refrain from driving while intoxicated.
References:
1. StopDuiAZ.com, "DUI Arizona" accessed April 20, 2010