DUI Laws in Arizona

Driving under the influence in the Grand Canyon state can be pursued legally in couple ways. They can either catch you driving impaired by observation and you have been drinking, or you can fail a breathalyzer test and have a blood alcohol level of .08 percent or more within two hours of operating a motor vehicle.

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Get Help If Charged With DUI In Arizona

Be very careful: you are only giving fifteen days from the time you are apprehended to ask for a Motor Vehicle Division hearing. Drunk driving is a serious offence in Arizona. You are going to need a qualified DUI lawyer to help you with this situation.

• If you have an blood alcohol level over .15 percent this in called in Arizona an extreme DWI when done within 2 hours of operating a motor vehicle
• For those under 21(minors) in Arizona you will be facing a DWI charge if you are caught driving with any amount of alcohol in your system.

Some Drunk Driving Offences Are Felonies

In Arizona driving under the influence is generally handled as misdemeanors, however they can be prosecuted like a felony when:

• The offender has 2 or more driving under the influence charges in the past five years the offense he or she is charged with driving under the influence currently and it does not matter in which state the offence occurred in.
• He or she was caught driving under the influence and their driving license is suspended or revoked
• If someone under the age of fifteen in the vehicle at the time a person is caught driving under the influence.

Trial Options

In Arizona driving under the influence cases take place with a jury of only six people, this can be waived and you have the option of going before a judge.

DUI Punishments In Arizona

The punishments for driving under the influence vary in Arizona vary, it depends on what kind of driving under the influence offense you are convicted of and your criminal record.

Punishment Factors

The categories of punishments are divided depending on the following factors:

• 1st Time offense with blood alcohol level over .08% but under .15%
• 2nd conviction of driving under the influence in 5 years of being convicted with a blood alcohol level above .08, but below .15
• 1st that you are convicted of extreme driving under the influence as defined above.
• 2nd occurrence of extreme driving under the influence in a 5 years period.
• A Felony driving under the influence conviction which is three driving under the influence convictions in a 5 years period, or driving with a License suspended or restricted drivers’ license.
• A Felony driving under the influence conviction with a child below 15 years of age in a vehicle

Consent For BAC Test

If you drive in Arizona you have consented to a blood or breath test for alcohol content to determine your blood alcohol content if you are stopped. The authority that stopped gets to choose the method used to test you.

If You Refuse You Lose Your License

If a driver refuses to submit to a test of their blood or breath for alcohol content, their drivers license will be taken away the period one year in Arizona for a first offense. It will be taken away for a 2 year period if this is the second time you have done this within a 5 year period of have a driving under the influence conviction.

Important Message

Do take note that laws change all the time so check back frequently with this site and do not consider the information on this site legal advice. Contact a defense lawyer if you are charged with DUI in the state of Arizona.