Arizona DUI Law Frequently Asked Questions
If you have been arrested for Driving Under the Influence (DUI) in Arizona, you know how frightening and destabilizing such an event can be. Not only are there harsh penalties involved, you may end up with a felony conviction on your record. Because such an outcome can affect many areas of your life well into the future, it is essential that you have a high power criminal defense attorney at your side. Blischak Law, located in Phoenix, serves clients throughout the state and has a strong track record of successful results, even in challenging cases
How is DUI defined?
DUI is defined as being under the influence of intoxicating alcohol or drugs (whether illegal, prescribed, or over-the-counter) while driving or while in actual physical control of a vehicle.
Is an arresting police office permitted to test my blood alcohol content (BAC)?
Yes. When you apply for and receive a license to drive in Arizona, you are assumed to have given your consent (“implied consent”) to be tested whenever you drive for your BAC, or for the percentage of alcohol in your breath or urine.
What BAC or level of drugs in my body is considered to render me “intoxicated”?
The answer to this question depends on your age. If your BAC is 0.08 percent or above, or 0.04 is you are driving with a commercial license, you are considered to be legally intoxicated no matter how old you are. If you are under 21 years of age, however, your license may be suspended if there is any alcohol in your system at all, based on the concept of “zero tolerance.”
What are the penalties for refusing to submit to a DUI test in Arizona?
If you refuse to submit to, or do not successfully complete a BAC test you will automatically lose your license for 12 months (24 months for a second refusal within 84 months). Moreover, in order to obtain a restricted permit or have your driver’s license reinstated, you will have to complete alcohol and/or drug screening.
Are the penalties for DUI in Arizona particularly harsh?
The penalties for DUI in Arizona are considered unusually harsh, a good reason to engage a competent attorney to defend you. Depending on the particular circumstances of your case — your age, your blood alcohol content (BAC), whether you have caused or been involved in a serious accident, and whether this is your first offense or you have a record of DUIs, you may face extended jail time, heavy fines and the life-altering consequences of having been convicted of a felony.
What are the penalties for a first offense of DUI in Arizona?
Ten consecutive days in jail; home detention possible; fine of not less than $1250; required alcohol screening/education/treatment; required certified ignition interlock device; mandatory community service.
Note: All of the following also include the last three penalties mentioned above.
What are the penalties for second and subsequent offenses of DUI in Arizona?
Ninety days in jail; home detention may be possible; fine of not less than $3,000; license revocation for 12 months.
What are the penalties for extreme DUI (BAC of 0.15 or higher) in Arizona?
For first offenses, the penalties are: jail for not less than 30 consecutive days; fine of not less than $2,500. For second and subsequent offenses: jail for not less than 120 days; fine of not less than $3,250; license revocation for 12 months.
What is aggravated DUI in Arizona?
Aggravated DUI in Arizona designates cases in which an individual drives while intoxicated with a license that has been suspended, revoked, or canceled, has committed a third DUI within 84 months, is driving a vehicle in which there is a person under 15 years of age, or refuses to submit to a BAC test while under an ignition interlock device requirement.
What are the added penalties for aggravated DUI in Arizona?
Prison up to 3.75 years; license revocation for 3 years.
What are some defenses to charges of DUI in Arizona?
There are a number of defenses our skilled DUI attorneys can use to defend you, including: that tests were miss administered or devices were defective, that arresting offices were guilty of misconduct, that what appeared to be intoxication had another physical or mental cause, or that you were misidentified as the driver of the vehicle. One of our competent attorneys at Blischak, after listening carefully to the details of your case, will formulate the best strategy to defend you.
When You Feel Cornered, Turn to Blischak Law
Our team of accomplished, empathic criminal defense attorneys is ready to defend you when you don’t know where to turn. We have the resources to investigate thoroughly and find chinks in the prosecution’s case. Get in touch with our office by phone or by filling out a contact form on our website as soon as possible. The sooner you contact us, the sooner we can help to extricate you from the troubling situation you find yourself in.