Comprehensive Arizona DUI Information
Arizona DUI Law Explained
MISDEMEANOR ARIZONA DUI: It is illegal to DRIVE or be in ACTUAL PHYSICAL CONTROL of a motor vehicle in Arizona while:- BASIC DUI: Impaired to the slightest degree by alcohol or drugs.
- COMMERCIAL DUI: Body alcohol content above 0.040 and driving a commercial vehicle.
- MINOR DUI: Under 21 years old with any alcohol in system.
- PER SE DUI: Body alcohol content above 0.080 within 2 hours of driving.
- EXTREME DUI: Body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.
- DRUGS DUI: An illegal drug OR its metabolite in your system (no impairment required).
- AGGRAVATED DUI PRIORS: You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest.
- AGGRAVATED DUI RESTRICTED LICENSE: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.
- AGGRAVATED DUI WITH CHILD IN VEHICLE: You have a child under 15 years old in the vehicle
Most DUI charges will contain a citation to ARS 28-1381. Usually they will contain two. Under this law, there are two common DUI charges: 1) driving while impaired to the slightest degree, and 2) driving with an alcohol content of 0.080 or higher within 2 hours of driving. Also included are the charges of driving a commercial vehicle in Arizona with a prohibited BAC content, and driving with a prohibited drug or its metabolite in your system.
In addition, you may note an extreme DUI charge referenced to ARS 28-1382. This is charged when your alcohol content is a 0.150 or higher within 2 hours of driving. Don't panic, just because it is an extreme DUI doesn't mean it is a felony under most circumstances.
Arizona DUI law is a complex web of Judge-made case-law, legislative made Statutes and Administrative Code. The law encompasses decisions both in Arizona Courts, and in other courts on a national level up to the Supreme Court of the United States. Like all law, the Arizona DUI law is only good until it is amended by legislative act, or interpreted by Judges in a reported case.
Many people think Arizona DUI law is cut and dry. This couldn't be further from reality. DUI law is fluid and living, and the next challenge to the validity of any part of the law, or the "science" that forms the backbone of most DUI evidence is always just around the corner. Looked at from the right angle, your case probably isn't as bad as it seems.
A normal, first offense Arizona DUI arrest is a misdemeanor. However, there are certain factors that can make even a first offense a Felony. These circumstances include:
1. The presence of a minor child in the vehicle;
2. A suspended or revoked driver's license.