Arizona DUI Laws
The maximum prescribed legal BAC limit in Arizona is 0.08% per se
(effective from Aug 31 2001)
Arizona Drunk Driving Laws (If you’ve been charged with Arizona DUI, the law allows only 15 days for your Arizona DUI Lawyer to make a request with the Arizona Department of Transportation (MVD) for a hearing to save your driving license)
Arizona is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state. |
ARIZONA DUI Laws and BAC limits
ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Arizona it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.00% - ZERO TOLERANCE
It is a crime for persons under 21 years of age to drive with after consuming ANY alcohol, therefore driving with a BAC (blood alcohol content - concentration of 0.00% or above is a crime.
It is a crime to refuse to submit to a chemical test in Arizona and implied consent laws are enforced.
In arizona there are separate laws and penalties for "Extreme DUI". Extreme DUI is classed as having a BAC (blood alcohol content - concentration) of 0.15 or more.
!! CAUTION - Driving Ability Impaired !!
You can be prosecuted in Arizona without driving while you are over the legal prescribed bac limit.
Under Arizona law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.
Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.
Observations from a law enforcement officer that may lead to being stopped and arrested include:
- Making a turn too widely or narrowly
- Using two lanes, stradling the center line
- Almost hitting someone or something
- Weaving or drifting from one side of the road to another
- Driving too slowly and being overly cautious
- Driving too close to vehicle in front
- Driving ON the center lines
- Erratic braking
- Swerving to correct course of vehicle
You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.
A skilled drunk driving attorney can help you defend any charges against you |
Arizona BAC Calculator
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Penalties for DUI - Drunk Driving in ARizona - 0.08 to 0.15% BAC
Arizona is a state with a five-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within five years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.
First Dui - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first DUI - drunk driving conviction in Arizona:
- $450 fine ($250 + 80% surcharge) + $500 for DUI assessment
- minimum 10 days in jail (9 may be suspended if alcohol screening is agreed to)
- 90 days drivers license suspension
- up to 5 years probation
- ignition interlock restriction (upon re-instatement of driving privileges the court will order an IID for a minimum of 12 months)
- mandatory alcohol screening/education/treatment
- possible vehicle impoundment or immobilization
- possible community service
- 8 points assessed against your permanent driving record
- SR22 insurance requirement
Second DUI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second DUI - drunk driving conviction in Arizona:
- $900 fine ($500 + 80% surcharge) + $1,250 for 2nd DUI assessment
- Minimum 90 days in jail (60 may be suspended if alcohol screening is agreed to)
- one year revocation of drivers license
- up to 5 years probation
- ignition interlock restriction (upon re-instatement of driving privileges the court will order an IID for a minimum of 12 months)
- mandatory alcohol screening/education/treatment
- possible vehicle impoundment or immobilization
- possible community service
- 8 points assessed against your permanent driving record
- SR22 insurance requirement
Third DUI - Drunk Driving Conviction - AGGRAVATED DUI - CLASS 4 FELONY
A third DUI within 5 years of the first two DUI's is a felony and is classed as "aggravated DUI". You will also be charged with aggravated DUI if you commit a DUI while your drivers license is suspended, revoked or cancelled.
The penalty for a third DUI - drunk driving conviction in Arizona:
- $1,350 fine ($750 + 80% surcharge) + $1,500 aggravated DUI assessment
- Minimum 4 months prison (up to 2 years)
- community service
- three year revocation of drivers license
- possible vehicle forfeiture
- up to 5 years probation
- mandatory alcohol screening/treatment program
- ignition interlock restriction (upon re-instatement of driving privileges the court will order an IID for a period of time which is at their discretion )
- possible vehicle impoundment or immobilization
- 8 points assessed against your permanent driving record
- SR22 insurance requirement
Penalties for EXTREME DUI - Drunk Driving in ARizona - 0.15%+ BAC
First Extreme Dui - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first EXTREME DUI - drunk driving conviction in Arizona:
- $450 fine ($250 + 80% surcharge) + $250 for DUI assessment + $1,250 for extreme DUI assessment
- Minimum 30 days in jail (20 may be suspended)
- community service
- 90 days drivers license suspension
- up to 5 years probation
- ignition interlock restriction (upon re-instatement of driving privileges the court will order an IID for a minimum of 18 months)
- possible vehicle impoundment or immobilization
- 8 points assessed against your permanent driving record
- SR22 insurance requirement
Second Extreme Dui - Drunk Driving Conviction - MISDEMEANOR
The penalty for a second EXTREME DUI - drunk driving conviction in Arizona:
Within 5 years of the first
- $900 ($500 + 80% surcharge) + $250 for DUI assessment + $1,250 for extreme DUI assessment
- Minimum 120 days in jail (60 may be suspended)
- community service
- one year revocation of drivers license
- up to 5 years probation
- ignition interlock restriction (upon re-instatement of driving privileges the court will order an IID for a minimum of 24 months)
- possible vehicle impoundment or immobilization
- 8 points assessed against your permanent driving record
- SR22 insurance requirement
penalties will be increased if a drivers BAC level is above 0.15%
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Implied consent LAWS
It is a crime to refuse to submit to a chemical test in Arizona and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in arizona
In Arizona, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended.
A chemical test refusal in Arizona is a seperate crime and can be used as admissible evidence in a court of law to help secure a conviction for DUI.
First chemical test refusal
Second and subsequent chemical test refusals
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Arizona AUTO insurance (High Risk DUI SR22)
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Arizona auto insurance quotes
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Arizona SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI SR22 auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Arizona auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of Arizona
The minimum mandatory liability insurance coverage required in the state of Arizona for private passenger vehicles is (15/30/10). This equates to the following liability coverage:
- $15,000 bodily injury liability (BIL) per person
- $30,000 for two or more people in one accident
- $10,000 property damage liability (PDL) coverage
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle. Top of page
FREE Case evaluation & consultation by local Arizona DWI / DUI Lawyer / Drunk Driving Attorney
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Protect your rights! Talk to a local DUI lawyer
Arizona DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Arizona drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay.
Talk to a local Arizona Drunk Driving Attorney as soon as possible to gather important information such as:
• What penalties do you face if convicted of DUI in Arizona?
• What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Arizona?
• Does Arizona have a mandatory ignition interlock device law?
• Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Arizona laws and procedures ?
• When and how can you get your driver’s license reinstated in Arizona?
It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Arizona criminal defense attorney specialising in Arizona drunk driving laws today. |
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Useful Arizona DUI Links:
DUI - Drunk Driving Laws in Arizona
Arizona Drivers Manual
Arizona SR22 Insurance Requirement
Arizona Department of Public Safety
Arizona Department of Administration
Arizona Department of Transportation (MVD)
Arizona Judicial Branch
Arizona Department of Insurance
Arizona DUI Lawyers
Arizona DUI discussion forum
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