Introduction

Arizona maintains some of the strictest DUI laws in the United States for an offender’s first DUI conviction. Penalties only increase after a person has committed multiple DUI offenses, eventually having the potential to lead to a felony conviction.

Ultimately, the consequences of a second or third DUI conviction will turn on the nature and circumstances of the case. Before driving in Arizona, one should consider the various DUI laws and potential for criminal penalties.

What is a DUI in Arizona?

In Arizona, a person can be charged with a DUI for driving under the influence of either drugs or alcohol. A major difference between an alcohol related and drug related DUI charge is the quantity of the substance in the body that needs to be found while driving in order to constitute a crime.

Drug Related DUI Charges

A person is guilty of a drug related DUI if they operate a motor vehicle under the influence of either a legal or illegal substance resulting in the impairment, even in the slightest degree, of driving. In Arizona, drug related DUI charges fall under two categories.

First, a person cannot operate a motor vehicle while under the influence of an intoxicating liquor, any drug, a vapor releasing substance, or any combination of liquor, drugs, or vapor releasing substances, while they are impaired to the slightest degree. If a person takes drugs against a doctor’s recommendation, or even where they have a medically prescribed medication, they can still be charged with a drug related DUI when they use the substance and it impairs their ability to drive.

A person may also be charged with a drug related DUI if they operate a motor vehicle while under the influence of drugs or where a drug metabolite can be found in the body. Drug metabolites are particles of a drug that persist in the body, even after the effects of the drug have worn off. Certain metabolites, like marijuana, can remain in the body for weeks after the drug was used.

It is important to remember that for drug related DUI charges in Arizona, actual impairment is irrelevant. Arizona authorities will only be interested in whether a person was operating a vehicle with a drug metabolite in their system.

Alcohol Related DUI Charges

In Arizona, a person can be charged with an alcohol related DUI if they are 21 years or older and are operating a motor vehicle with a blood alcohol concentration (BAC) over .08%. If a person is operating a commercial vehicle, their BAC should not exceed .04%. If pulled over because of a suspicion of driving under the influence, you may be subjected to a field sobriety test as well as a chemical test to determine your BAC. Refusal to submit to the chemical test may result in a one-year suspension of a driver’s license if this is a first offense. A driver’s license may be suspended for two years if it is a second or third offense.

Penalties for a Second DUI in Arizona

Multiple DUI convictions will be treated more seriously than a single conviction. In Arizona, a person may receive both administrative and criminal penalties for their second DUI.

Administrative Penalties

The Arizona Department of Transportation Motor Vehicle Division (MVD) is responsible for imposing administrative penalties. The MVD can issue penalties once a person has been arrested and does not have to wait for a criminal charge to be brought.

The harshest penalty the MVD can impose is a license suspension. The MVD will impose license suspension for 90 days when a motorist is caught driving while under the influence of drugs or alcohol above the legal limit. Where a person has refused a chemical test, a driver’s license can be revoked for up to two years.

It should be noted that Arizona has an implied consent law. This means that when a person is issued a license, they impliedly consent to any future chemical tests issued by a police officer.

Criminal Penalties

Criminal penalties for a second DUI will be more serious this time around, but will depend on the circumstances and require knowledge of DUI classifications.

Extreme and Super Extreme DUI Charges

An “extreme” DUI is a DUI charge where the driver has a BAC of .15% or greater. A “super extreme” DUI is a DUI charge where the offender has a BAC of .20% or greater.

Aggravated DUI Charges

Where a DUI is committed under certain circumstances, the DUI will be considered an aggravated DUI and be charged as a felony. Where a driver has been convicted of two prior DUIs within the past 84 months (7 years), a DUI will be considered aggravated. This applies even where the prior DUI convictions were not committed in Arizona.

The criminal penalty for a second DUI, not classified as extreme, super extreme, or aggravated, will be considered a Class 1 misdemeanor and have to serve at least 90 days in jail, 30 of which must be served consecutively. Fines could also be charged up to $2000. Where the DUI is alcohol, and not drug related, the driver will also have to install an ignition interlock device onto their car for at least 12 months.

For a second extreme DUI, convicted drivers will serve at least 120 days in prison, 60 of which must be served consecutively and pay fines of at least $3,250. Like a second standard DUI, there is also an ignition interlock device requirement.

A second super extreme DUI, will result in a minimum of 180 days in jail, 90 of which must be served consecutively and fines of at least $3,750. Here, ignition interlock device will be required to be placed on the offender’s vehicle for 18 months.

A second aggravated DUI will be charged as Class 4 or 6 felony that could result in 3.75 years in prison. The offender may also face fines up to $4,000 and a 24-month ignition interlock device requirement.

Penalties for a Third DUI in Arizona

Administrative Penalties

Like a second DUI, administrative penalties can be imposed. The penalties are virtually the same, with a potential for long term license revocation.

Criminal Penalties

A third DUI within the past 7 years will automatically be charged as a Class 4 or 6 felony. When charged with a third DUI a person should expect a minimum of .5 years to a maximum of 3.75 years in prison. Additional criminal penalties a person may be subject to are fines of at least $4000, a three-year revocation of their driver’s license, and the installation of an ignition interlock device.

Contact an Attorney for Representation

The various penalties for a DUI charge in Arizona are highly dependent on the circumstances of the DUI and whether a person has a history of DUI convictions within the past 7 years. This complexity can make DUI charges incredibly difficult to navigate by oneself. If you have been charged with a DUI, whether it be the first, second, or third time, you should immediately contact an a criminal law attorney familiar with Arizona DUI laws to help you defend your case.