Arizona DUI LAW
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DUI (Driving Under the Influence) in Arizona can be prosecuted in one of two ways: either by one's driving ability being impaired to the slightest degree as the result of consuming alcohol (or other drugs), or by violating the "per se" law, and having a blood alcohol level of .08% or greater within two hours of driving.
Beware: you only have 15 days from the date of your arrest to request a MVD hearing. Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a DUI LAWS lawyer near you for a free consultation, or call toll Free at 1.800.DUI.LAWS.
An "extreme" DUI or DWI will be charged where there is a blood alcohol level of .15% or higher within two hours of driving. Minors (those under 21) can be charged with DUI or DWI if they are caught driving with any measurable amount of alcohol in their body.
Arizona DUI / DWI cases are typically misdemeanors, although they may be treated as felonies if
- The accused has two or more DUI / DWI priors within 5 years of the current offense (even if the prior drunk driving charges are from another state);
- The accused committed the DUI / DWI offense while their driving privileges were suspended or revoked; or
- A child under the age of 15 was in the car at the time of the drunk driving offense.
DUI cases are tried to a jury of six people, or to a judge if the accused waives his or her right to a jury trial.
DUI and drunk driving convictions in Arizona will result in different types of punishment and penalties, depending on the type of DUI that was charged, and on the Defendant's criminal record.
For additional Arizona DUI LAWS information, click the category of interest below.
- First-Time DUI with BAC above .08% but below .15%
- Second-Offense DUI (within 5 years) BAC above .08, but below .15
- First Extreme DUI (BAC above .15%)
- Second Offense Extreme DUI (Within 5 Years, BAC above .15%)
- Felony DUI (3rd DUI within 5 Years, or w/ License Suspended or Restricted)
- Felony DUI (w/ a child under 15 years old in vehicle)
MVD ACTIONS
NOTE: each of the License consequences outlined above are separate and apart from any action taken by the Department of Motor Vehicles.
Any person who drives in Arizona has impliedly consented to a test of their blood or breath for alcohol content, and the arresting officer has the discretion to choose which test to administer. If the accused refuses to take a chemical test of their blood or breath, their license will be suspended for one year if a first offense, or two years if a second offense (within 5 years of a prior DUI offense).