Understanding DUI ARS Laws in Arizona A Complete Guide

1. Understanding DUI ARS Laws in Arizona: A Complete Guide Driving under the influence (DUI) is one of the most serious traffic offenses in Arizona. The state enforces some of the strictest DUI laws in the U.S., aiming to reduce impaired driving and protect public safety. Under the Arizona Revised Statutes (DUI ARS), drivers can face severe penalties—even for a first-time offense. This guide breaks down how DUI ARS laws work, what ARS 28-1383 means, and how drivers can protect their rights if charged with a DUI in Arizona. What Is DUI Under Arizona Law? According to DUI ARS 28-1381, it is unlawful for any person to drive or be in actual physical control of a vehicle while: Under the influence of alcohol, drugs, or any intoxicating substance, and Impaired to the slightest degree, or Having a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving. For commercial drivers, the legal BAC limit is 0.04%, while for drivers under 21, any measurable alcohol concentration can result in a DUI charge. Arizona’s DUI statutes are designed not only to punish offenders but also to discourage reckless driving behaviors that endanger others. Types of DUI Offenses Under Arizona Revised Statutes The DUI ARS categorizes impaired driving offenses into several types based on the level of intoxication and prior history. 1. Standard DUI (ARS 28-1381)

2. Applies when a driver operates a vehicle while impaired or with a BAC of 0.08% or higher. Penalties: Minimum 10 days in jail (9 days may be suspended with alcohol education). Fines up to $1,500. License suspension for 90 days. Mandatory alcohol screening and education. 2. Extreme DUI (ARS 28-1382) Applies when the driver’s BAC is 0.15% or higher. Penalties: Minimum 30 days in jail for first offense. Fines exceeding $2,500. Ignition interlock device required for 12 months. 3. Aggravated DUI (ARS 28-1383) This is one of the most serious DUI offenses in Arizona and is charged as a felony. What Is ARS 28-1383? ARS 28-1383 defines Aggravated DUI, which occurs under certain aggravating circumstances. Unlike standard DUI offenses, aggravated DUIs carry felony-level penalties and long-term consequences. A person may be charged under ARS 28-1383 if they: Commit a DUI while their driver’s license is suspended, revoked, or canceled. Commit a third DUI offense within 84 months (7 years). Commit a DUI while a person under 15 years old is in the vehicle. Drive under the influence while required to have an ignition interlock device installed.

3. Refuse to submit to alcohol testing while a minor is present in the car. Penalties Under ARS 28-1383 An Aggravated DUI under ARS 28-1383 is a Class 4 felony in most cases, though some circumstances can raise or lower the classification. Typical Penalties Include: Minimum 4 months in prison for first-time aggravated DUI. Fines and fees exceeding $4,000. Driver’s license revocation for at least 1 year. Mandatory alcohol treatment and education programs. Installation of an ignition interlock device after reinstatement. Probation and community service. Repeat offenders or those who cause injury or death may face even harsher sentences, including years of imprisonment and permanent license revocation. DUI Arrest Process in Arizona When a driver is suspected of DUI, Arizona law enforcement follows specific procedures: 1. Traffic Stop: The officer observes signs of impairment such as swerving, erratic driving, or speeding. 2. Field Sobriety Tests: Drivers may be asked to perform coordination tests to assess impairment. 3. Chemical Testing: Blood, breath, or urine tests determine BAC or presence of drugs. Refusing testing can lead to automatic license suspension. 4. Arrest and Booking: If results indicate impairment, the driver is arrested and booked under the applicable DUI ARS section. 5. Court Appearance: The driver must appear in court to face charges and possible sentencing.

4. License Suspension and Ignition Interlock Device Arizona’s Implied Consent Law requires all licensed drivers to submit to BAC testing when suspected of DUI. Refusal results in: 12-month license suspension for a first refusal. 24-month suspension for a second refusal within 84 months. Upon reinstatement, offenders must install an ignition interlock device (IID) in their vehicle, which prevents the car from starting if alcohol is detected on the driver’s breath. The Role of BAC in DUI Charges BAC (Blood Alcohol Concentration) is a key factor in DUI cases, but it’s not the only consideration. Even if a driver’s BAC is below 0.08%, they can still be charged if impaired “to the slightest degree.” Arizona’s zero-tolerance policy means that prosecutors often pursue DUI charges even for minimal impairment when public safety is at risk. Defenses Against DUI ARS Charges Being charged under DUI ARS does not automatically mean conviction. Skilled legal defense can identify errors or inconsistencies in the arrest process. Common defenses include: Improper Stop: The officer lacked reasonable suspicion to initiate the traffic stop. Faulty Testing: Breathalyzers or blood tests were inaccurate or mishandled. Violation of Rights: The accused was not informed of their legal rights during arrest. Medical Conditions: Certain medical issues or prescription drugs can mimic intoxication symptoms. Unreliable Field Tests: Environmental conditions or improper administration may invalidate test results. An experienced DUI attorney can evaluate the case, challenge the evidence, and negotiate reduced charges or penalties.

5. Long-Term Consequences of a DUI Conviction A conviction under DUI ARS or ARS 28-1383 can have lasting effects beyond fines or jail time. Consequences may include: A permanent criminal record. Increased auto insurance premiums. Employment and professional licensing issues. Difficulty obtaining housing or loans. Immigration complications for non-citizens. Because Arizona treats DUIs as serious offenses, avoiding conviction or seeking expungement (when eligible) can be critical to rebuilding one’s reputation and future. Rehabilitation and Prevention Arizona law also emphasizes rehabilitation alongside punishment. Courts often require offenders to complete: Alcohol and drug education programs. Counseling or treatment sessions. Community service hours. Public awareness campaigns also play an important role in reducing DUI incidents. Initiatives like “Drive Sober Arizona” encourage the use of designated drivers, rideshare services, or public transport to avoid impaired driving. DUI and Property or Injury-Related Crimes In some cases, DUI offenses overlap with Arizona property crimes or vehicular injury cases. A driver who damages property or injures another person while under the influence may face additional felony charges. This can lead to restitution payments, longer prison terms, and civil lawsuits. How to Handle a DUI Charge If you are charged under DUI ARS or ARS 28-1383, it’s vital to:

6. 1. Consult an experienced DUI attorney immediately. 2. Avoid discussing your case with anyone but your lawyer. 3. Comply with court orders and attend all hearings. 4. Complete alcohol education programs as required. Proactive legal steps can significantly affect the outcome of your case and minimize long-term damage. Conclusion Arizona’s DUI ARS and ARS 28-1383 laws underline the state’s zero- tolerance stance on impaired driving. Whether it’s a first-time offense or an aggravated DUI involving prior convictions, the penalties are designed to deter dangerous behavior and protect the community. Understanding these laws helps drivers make responsible choices and know their rights if accused. Avoiding impaired driving is not just about following the law—it’s about ensuring safety for yourself and others on Arizona’s roads.