Compared to other states in the US, Arizona has stricter DUI laws. A DUI conviction could subject you to harsh penalties that could affect your life in many ways. It is a crime for an alcohol-impaired driver to get behind the wheel, putting their lives and the lives of other road users at risk. You shouldn't drive or be in actual control of a vehicle if you are intoxicated with alcohol or other drugs. When you apply for a driver's license in Arizona, you automatically consent to test for blood alcohol concentration or drug content (BADC) if the police suspect that you are driving under the influence of alcohol. This assumption is in line with Arizona's implied consent laws. If you face DUI charges in Phoenix, AZ, Phoenix DUI Lawyers can help you create a solid defense to fight the charges.

Arizona DUI Laws

According to the Arizona DUI law, it's illegal for a motorist;

  • To operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% and above
  • Driving a car if you are under the influence and impaired, even to the slightest degree

According to the Arizona ``not-a-drop" laws, it's illegal for any motorist below 21 years to operate a vehicle with any detectable alcohol amount in their system. This form of intoxication is commonly referred to as baby DUI.

Other than operating or driving a vehicle, you shouldn't be in actual control of a car if you are under the influence of alcohol or drugs. This law seeks to prevent drunk driving before it even begins. What does it mean to be in actual control of a vehicle? When the judge is determining whether you were in actual control of a car, below are some of the factors that he or she will consider:

  • Where the ignition key was located
  • Whether the vehicle was running
  • The position in which the police found you in the vehicle
  • Whether you were awake or asleep
  • If your vehicle's headlights were on

If the prosecutor charges you with actual-control DUI, you should contact a lawyer immediately. A lawyer will assess your case's facts and determine if the prosecutor has charged you unfairly.

Penalties for Violating Arizona DUI Laws

You will face Class 1 misdemeanor charges if you violate Arizona's DUI laws. Despite being a misdemeanor offense, a DUI conviction could affect devastating consequences that could impact your life and livelihood. It's crucial to ensure that you have a devoted criminal lawyer to help you fight the charges. A lawyer will do everything in his or her power to ensure that you get a favorable resolution for your DUI case. A lawyer will first challenge your driver's license suspension during the MVD hearing. A lawyer will also handle and negotiate with the prosecutor to reduce or even dismiss your DUI charges. A lawyer aims to help you get back to your life as soon as possible.

The penalties you face for a DUI offense in Arizona will depend on several factors, including your blood alcohol concentration (BAC) level and whether it's your first or repeat DUI offense.

Penalties First-time Impaired or Per Se DUI Offense

When you commit a first-time impaired or per se DUI offense where your BAC is between .08% and .149%, you will be subject to the following penalties:

  • A jail time of ten days — The court may suspend nine days if you agree to undergo drug screening and complete alcohol education and treatment.
  • The court may impose hefty fines of up to $1,250
  • You may face a suspension of your driver's license for up to 90 days
  • A mandatory installation of an ignition interlock device, commonly abbreviated as IID, for up to one year
  • Alcohol and drug screening and compulsory alcohol and drug education and treatment
  • Undertaking a traffic survival school course
  • Community restitution

Penalties for First-Time Extreme DUI

You will face extreme DUI charges under Arizona law if your blood alcohol content is between .15% and .199%. The potential penalties for this offense include:

  • A jail time of thirty consecutive days
  • A fine not exceeding $2,500
  • A driver's license suspension of up to 90 days
  • Installation of an Ignition Interlock Device (IID) for up to one year
  • Alcohol and drug screening, treatment, and education
  • There is a possibility of community restitution
  • Attending a traffic survival course

Penalties for a Super Extreme DUI

Super extreme DUI charges may apply if you have a significantly higher BAC level of .20% and above. In this case, the applicable penalties are:

  • A jail time of up to 45 days
  • Hefty fines of up to $2,750
  • A driver's license suspension of up to 90 days
  • Installation of an ignition interlock device (IID) for up to 1 year
  • Mandatory attendance of traffic survival school
  • Mandatory drug screening, alcohol testing, treatment, and education
  • There is a possibility of community restitution

You will face harsher penalties if you commit a subsequent DUI offense seven years from the first offense. The penalties for a second-time DUI offense under Arizona law are as follows:

Penalties for Second-time Impaired or Per Se DUI

When you commit a second-time impaired or per se DUI offense where your BAC is between .08% and .149%, the penalties are as follows:

  • A jail time of up to 90 days. The court may suspend 60 days if you complete alcohol testing, drug screening, treatment, and education.
  • The court may impose hefty fines of up to $3,000
  • A suspension of your driver's license for up to one year
  • Mandatory installation of an ignition interlock device IID for up to one year
  • Mandatory alcohol testing, drug screening, treatment, and education
  • Undertaking a mandatory traffic survival course
  • A possibility of 30 hours of community restitution

Penalties for Second-time Extreme DUI Charges

When you commit a second-time extreme DUI offense where your BAC is between .15% and .199%, the potential penalties are:

  • A jail time of up to 120 days
  • Hefty fines of up to $3,750
  • A suspension of your driver's license for one year
  • Installation of an ignition interlock device for one year
  • Mandatory alcohol testing, drug screening, treatment, and education
  • Undertaking a mandatory traffic survival course
  • Community restitution of up to 30 hours

If you commit a third DUI offense within seven years, you will face automatic class- 4 felony charges with the following penalties:

  • Imprisonment in a State Prison in Arizona for up to 4 months
  • Hefty fines of up to $4,000
  • A suspension of your driver's license for up to 3 years
  • Mandatory installation of an ignition interlock device for up to 2 years
  • Mandatory alcohol and drug screening, treatment, and education
  • Undertaking a mandatory traffic survival course

You may face felony assault charges if you commit a DUI-causing injury crime. If you cause an accident while intoxicated and the accident leads to another person's death, you could face manslaughter charges. You will also face higher fines and penalties.

Aggravated DUI

If you commit a DUI offense while suspended, canceled, or revoked, you might face aggravated DUI charges. You will also face aggravated DUI charges if you commit a DUI crime in the company of a person below 15 years or you commit a third DUI offense within 84 months. If you commit a DUI offense and refuse to submit to a chemical test, you will face aggravated DUI charges. The penalties for aggravated DUI include imprisonment for not more than two years. Other penalties include fines as required by the law and a license suspension of up to one year. You will have to equip every vehicle that you operate with an ignition interlock device. The court might order you to perform community service and undergo alcohol and drug screening, treatment, and education.

Ignition Interlock Device

An ignition interlock device works in the same way as a Breathalyzer. It's attached to the vehicle, and you have to blow air into it before you ignite the car. The device is connected to the ignition and the power system of the vehicle. If you blow into the IID and your alcohol level is above the allowable limit, your vehicle will not start. You may have to blow into the IID at random intervals, even when the car is moving.

Motor Vehicle Division Hearing

After an accusation for drunk driving in Arizona, you can avoid a license suspension if you prevail during the Motor Vehicle Division (MVD) hearing, and you also win the criminal court case. These are two distinct proceedings. If you win during one proceeding and lose during the other, you will have your driver's license suspended. It's much easier to win during a criminal court proceeding than during the MVD hearing. In a criminal proceeding, the prosecutor has a heavy burden of proof. He or she must prove beyond reasonable doubt that you committed the alleged crime. In an MVD hearing, lesser evidence is required to prove that you were under the influence of alcohol.

Usually, a first-time DUI offense results in a license suspension for 90 days. A second-time DUI offense leads to a suspension of your driver's license for one year. A third-time DUI offense carries a license suspension of three years.

A DUI Conviction Showing Up on Your Background Checks

There is no way of expunging or sealing your criminal records in Arizona. This means that after a DUI conviction, the conviction will always show up in your background checks. However, with the help of an aggressive lawyer, you can have your past DUI conviction set aside. This involves showing that you are free from all the penalties and the disabilities associated with the previous DUI conviction. If your past DUI conviction is set aside, employers aren't likely to discriminate against you based on the conviction.

Why You Need A lawyer

When you have a reliable lawyer fighting on your behalf, you increase your odds of having your DUI charges reduced or even dismissed. If you can't afford to hire a private lawyer, the court will appoint a public defender to represent you. However, a public defender might not have ample time and resources to give your DUI case the attention it deserves. Your private lawyer will focus on your case and do a thorough work-up of your case.

A lawyer will set aside time to investigate every aspect of your case. Your lawyer will identify all the weak links in the prosecutor's evidence and use them to your advantage. Even if you are guilty of committing a DUI offense, your lawyer might discover that the police engaged in misconduct during your arrest and use this fact to fight your charges.

If you want a favorable outcome of your case, it's essential to ensure that you hire a reliable lawyer. Ensure that you go for a local lawyer who understands everything about Arizona law. You should choose a local lawyer who has earned a reputation and the respect of judges and prosecutors.

Do you have to go to court after committing a DUI crime? Whether you have to go to court or not will depend on the facts of your case. In most DUI cases, A lawyer will appear in court or the MVD hearing on your behalf. This is the reason why you need A lawyer that you can trust.

Typical Defenses for DUI Charges in Arizona

You can adopt several DUI defenses to fight your charges. The suitable defense will depend on the unique facts of your case. If you put across a convincing defense, the court might reduce or dismiss your charges. Some of the typical defenses are:

  1. No Probable Cause for a Traffic Stop

Arizona law requires law enforcement officers to have probable cause before stopping your vehicle. The US constitution prohibits the police from pulling over vehicles without reasonable suspicion. The police should have articulate and specific grounds to stop your car. The police shouldn't merely rely on their gut feeling or a hunch that a defendant has committed a crime. Some of the grounds on which the police can order a traffic stop include failure to obey traffic and speed limit laws or a mechanical malfunction on a vehicle. If you and your lawyer prove that the police didn't have reasonable suspicion to stop your car, the court might declare any evidence gathered after the traffic stop inadmissible.

  1. Improper Instructions During Field Sobriety Tests

When administering field sobriety tests, the police must follow the outlined protocols. If the police fail to adhere to all the requirements while conducting FSTs, the court might dismiss all the evidence gathered through the tests. The court is likely to dismiss such evidence if it's evident that the law enforcement officers engaged in overly intimidating, disrespectful, or inappropriate conduct towards you while administering the tests. It's important to note that the field sobriety tests are just a component of the evidence. The FSTs results aren't proof of intoxication. If the police conducted the field sobriety tests in inappropriate weather, or if you were wearing improper footwear, you might fight your charges on these grounds.

  1. Medical Condition

Some medical conditions like acid reflux could cause false positive BAC results. If you have an underlying medical condition, the condition might cause an appearance of drunkenness. The condition might also interfere with the results of the Breathalyzer test. Neurological problems and fatigue could cause a slurred speech. On the other hand, with sinus trouble or allergies, you might have red and watery eyes, which might seem like a sign of intoxication. A diabetic side effect known as ketosis might make you have an "alcohol smell' on your breath. Ketosis is an effect that involves the fermentation of glucose in your bloodstream, producing an alcohol odor. Ketosis could make you register the presence of alcohol in the Breathalyzer test even if you are sober.

  1. Contamination of the Blood Test Samples

While conducting a blood test, the law enforcement officers must arrange to have the test conducted by a trained and license expert. The test should be conducted soon following your arrest. The police shouldn't subject you to unreasonable wait times or have an untrained person conduct the test. After drawing the blood sample, the police must ensure that they handle it properly to prevent contamination, fermentation, or mislabeling. If you have doubts regarding the sample's integrity, you could use it to fight the DUI charges. If the court throws out the evidence obtained through the blood test, the prosecutor will have limited evidence on which to advance your case.

  1. Forgetting the 15-Minute Observation Period

Before conducting the DUI test after an arrest, the arresting officer should observe you for fifteen minutes. A common DUI defense involves questioning whether this observation took place. Many law enforcement officers do not observe the suspect after an arrest. Instead, they solely focus on filing the paperwork and setting up the Breathalyzer equipment. The court may question your BAC results' credibility if the testing officer failed to conduct the observation correctly. The court might not only dismiss your BAC results but the entire DUI investigation.

  1. Rising BAC

You can fight DUI charges by pointing out that your blood alcohol concentration was on the rise. It's not illegal to drink before driving. What the law prohibits is being intoxicated while operating a vehicle. When you consume alcohol, the BAC rises until it reaches a maximum level. It takes around 50 minutes for the BAC to achieve the highest level. Depending on your unique circumstances, it might take two to three hours to reach the peak levels for your BAC. Your DUI chemical test results might not be accurate if you had rising blood alcohol at the time the police pulled you over. During the lengthy DUI investigation, your blood level might have risen above the legal limit, yet at the time of driving, your BAC wasn't above the allowable limit. Since what matters is your BAC when you drove, you can use the rising blood alcohol as a valid defense for your DUI charges.

  1. Miranda Rights Violation or Improper Interrogation

Upon arresting you, the US Constitution requires the arresting officer to inform you that you are under arrest. An arrest is distinct from the typical conversation with the police whereby you are allowed to leave. Immediately after arresting you, the officer should inform you about your rights, including the right to remain silent, the right to seek legal counsel and representation, and your right to court-appointed counsel if you can't afford to hire one. The police must also inform you that anything you utter can and will be used against you in a court of law. If the police fail to issue the Miranda rights, the court might declare any evidence gathered after that irrelevant. This would leave the prosecutor with little to no evidence against you, leading to a reduction or dismissal of your DUI charges.

  1. Sleeping-it-Off DUI

Under Arizona law, a driver can use the sleeping-it-off defense to prove that they were not in actual control of the vehicle at the time of arrest but were sleeping. You can point out that you weren't operating your vehicle but merely using it to sleep off. When you present the sleep-it-off defense, the jury will consider whether you were using your vehicle as a shelter or whether you were endangering other people's lives. Your lawyer can help you create a convincing defense and prove that you had no imminent control over your vehicle while under the influence. For you to use this defense effectively, you should find a DUI lawyer who has a proven track record of negotiating for the best possible outcomes for clients' DUI cases.

Find a Phoenix DUI Lawyer Near Me

A DUI conviction could have severe consequences, which will vary depending on the extent of intoxication and whether another person suffers injuries due to drunk driving. The best way to fight DUI charges is to seek the help of a reliable DUI law. If you face DUI charges, in Phoenix AZ, you should contact Phoenix DUI Lawyers. We will gather all the necessary evidence and identify weaknesses in the prosecutor's evidence to help you create a convincing defense. Our DUI lawyers specialize in giving our clients the best chance at facing the least possible consequences. Contact us at 888-888-8888 and speak to one of our lawyers.