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Have you been charged with Driving Under the Influence (DUI) in Arizona? You’re going to need an experienced DUI attorney to represent you in court. But what should you know about Arizona DUI laws before you make that call?

Having a basic understanding of Arizona DUI laws will enable you to have an educated conversation with your lawyer about your options and potential defenses. An experienced lawyer will be able to confidently walk you through the legal process and what you can expect, but having your own background knowledge of your charge and the potential outcomes can help prepare you for your day in court.

Pulled Over for a DUI? Here’s What Police Are Looking For

To start, let us be clear: drinking and driving is illegal. If you are found to be driving while under the influence, you are going to be charged with a DUI – a crime that will likely cost you thousands upon thousands of dollars.

However, should you be charged with a DUI – or, even before that, be pulled over under the suspicion of driving under the influence – you need to know your rights and what the police are explicitly looking for so that you can protect those rights.

There are signs that police offers are trained to look for when detecting drunk (intoxicated) driving. These can include – but are not limited to – swerving, speeding, not following road signage, and other traffic violations. These indicators are what give police the reasonable suspicion they need to pull a driver over initially. Keep in mind that, in areas with a high density of bars or liquor-serving restaurants, police have been known to pull over vehicles on the basis of a minor infraction (such as a burnt-out taillight) and use these loophole tactics to check for intoxicated drivers.

Once the driver is stopped, the police will be looking for other physical signs of intoxication such as slurred speech, red eyes, and the smell of alcohol (or drugs). Often, police attempt to strike up a conversation in order to determine whether or not the driver is capable of holding a basic conversation.

Bottom line: should you be asked if you’ve had anything to drink, do not respond. It’s far better to simply state that you don’t feel comfortable talking without a lawyer present than it is to either confirm or deny the question as police can use your answer against you in court. This answer can also be used as the probable cause police need to legally request the driver take part in a sobriety test.

The Basics of Arizona DUI Law

Arizona is known to have some of the strictest DUI laws in the United States. According to Arizona legislation, DUIs are considered a dangerous crime due to the risk they place on society at large. Not only is the driver putting themselves at risk, but they are also endangering the lives and well-being of others.

In the state of Arizona, driving under the influence is defined as having a blood-alcohol concentration of .08% or higher. If you’re driving a commercial vehicle, this limit is dropped to .04%. For drivers under the age of 21 years of age, having any amount of drugs or alcohol in the blood stream is illegal, and underage individuals can be charged with a Minor In Possession (MIP) in addition to a DUI.

A driver can also be charged with a DUI for demonstrating behaviors that indicate impairment – even if their blood-alcohol concentration is under legal limits. Signs of impairment can include slurred speech, an inability to maintain a conversation, the smell of alcohol or marijuana, and red eyes among others. While Arizona legislation technically allows the driver to refuse a sobriety test if it is requested by the police, doing so can provide the authorities with the “probable cause” needed to arrest you for a DUI.

Probable cause is the “reasonable basis” that must be established by the police in order to justify the belief that a crime took place.

Arizona DUI Classifications

Not all DUIs in Arizona are created equal. Legislation outlines four different levels or “classes” of DUI from Basic to Aggravated. These four DUI classes are determined by the amount of alcohol in the driver’s system at the time of arrest as well as the number of previous DUI infractions the driver has been charged with.

A “Basic DUI” is given to a driver with a blood-alcohol level of .08% to .14% who is receiving their first-ever DUI charge. The next level is the “Extreme DUI,” given to drivers with a blood-alcohol level of .15% to .20%. A “Super Extreme DUI” is for drivers with a blood-alcohol level above .20%. Finally, the “Aggravated DUI” is for individuals who are driving while intoxicated using a license that is suspended. Additional factors that may lead to an aggravated DUI include having a passenger under 18 years of age in the vehicle at the time of the DUI, receiving three or more DUIs within a seven-year period, and/or not adhering to a police-requested sobriety test.

Multiple DUIs in Arizona

The more DUIs a driver has been charged with, the more severe the consequences for each sequential DUI. While this may seem like an obvious deduction, what is not obvious is how severely – and how quickly – these sentences can add up. Each DUI comes with a minimum amount of jail time, fines, and the mandatory use of an ignition interlock device (IID) for at least one year. However, other consequences, such as mandatory community service, license suspension (or even revocation), and alcohol awareness courses may also be mandated.

It’s also very important to keep in mind that all DUI charges in Arizona remain on your record until you are 99 years of age. Arizona legislature does not allow for DUI expungement. Rather, individuals convicted of a DUI can only petition the court to set aside their conviction.

Hiring a DUI Lawyer

Now you know the basics of DUI laws and procedures in the state of Arizona. If you do happen to be charged with a DUI, the most important thing you can do is to remain silent and ask to speak to your lawyer immediately. If you don’t have a lawyer, get one. This is not a process you should attempt to go through alone.

An experienced DUI attorney will be able to help you navigate the law and put together a defense strategy customized to your particular circumstances. At the end of the day, you need to have a legal representative who is specialized in DUI law and whose job it is to protect your rights.

Need a DUI lawyer? Our highly experienced team of attorneys are specialized in DUI and criminal law. Our tenured lawyers have the know-how to advise you on your case and work with you to develop an appropriate defense strategy. Schedule a consultation to learn more about how we can help you.