In Arizona, driving under the influence (DUI) is a serious criminal offense. Drivers in the state are prohibited from operating a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater. They are also forbidden from operating a motor vehicle while under the influence of drugs and/or alcohol if the driver is impaired to the slightest degree.
Arizona’s DUI laws impose mandatory minimum jail sentences and fines for anyone convicted of this offense. The specific penalty depends on how intoxicated you were at the time of your arrest and any prior criminal offense. Under these laws, you could be sent to jail for anywhere from 24 hours to 6 months (180 days).
At Matthew Lopez Law, we fight for the rights of clients charged with DUI and other criminal offenses in Arizona. We work hard to help you get the best possible outcome for your case. Reach out to our law offices today to schedule a free initial consultation with an Arizona DUI defense lawyer.
Arizona DUI Laws
Drunk driving was becoming a serious problem in Arizona, with it having the sixth-highest number of DUI fatalities in the country in 2006. To curb it, the state created some of the toughest DUI laws in the nation. Where most states have two categories of DUI offenses, Arizona has three based on a person’s BAC at the time of their arrest.
In addition, Arizona also makes it illegal for anyone under the age of 21 to drive with any alcohol in their system. An underage DUI – or “baby DUI” – will be charged with a Class 1 misdemeanor. This may result in a sentence of up to 6 months in jail, $2,500 in fines and fees, and other penalties. Underage drivers may also face other charges, such as minor in possession/consumption.
Driver with BAC more than .08
A driver with a blood alcohol content of .08 percent or greater can be found guilty of a DUI. A first offender will have to pay fines, have his or her license revoked, and might be in jail for any time between 10 and 180 days. A second offense gets a minimum jail time of 90 days, a larger fine, and a longer driver’s license revocation. Both times, jail time can be reduced if the drunk driver submits to alcohol treatment.
Driver with BAC Between .150 and .199
If a driver has a blood alcohol content between .150 and .199, he or she might be found guilty of an Extreme DUI. Where a first-time lesser offender would have had a minimum 10-day jail sentence, an Extreme DUI first offender would have a minimum 30-day jail time sentence. Counseling and treatment can only suspend 20 of those days.
Driver with BAC More than .20
Steep penalties face those who are found driving with a blood alcohol limit of more than .20. He or she will face at least 45 days in jail and it is not possible to waive that time for completing any treatment. Fines and court costs will also be higher in this super extreme DUI charge. A second-time offender faces 180 days in prison and might face $4000 fines. The driver’s license is revoked for a year and there is no automatic reinstatement. They must also have an ignition interlock device for 18-24 months after the DUI conviction. Not only is this a major inconvenience, but it is also costly to maintain.
Given Arizona’s drunk driving laws, it is important to present an aggressive defense against them from the onset. There are many ways to defend yourself against DUIs and a defense attorney can discuss your options.
Defending Against an Arizona DUI Charge
Arizona’s DUI laws are some of the harshest in the nation. Depending on your blood alcohol concentration and criminal history, you could be facing serious jail time. If you are caught driving under the influence while your license is suspended or have a third DUI conviction within 7 years, you could be charged with a felony for aggravated DUI.
For many people, the thought of going to jail or prison is scary enough that they are willing to accept whatever deal that the prosecutor offers them. Before making a statement or agreeing to anything, you should always talk to an Arizona DUI defense attorney. You may have factual and legal defenses to the charges against you that could help you get a better deal – or even get the charges reduced or dismissed.
The specific defense will depend on the facts of your case. For example, law enforcement could have improperly stopped you. If the police lacked reasonable suspicion to make the initial traffic stop, any evidence gathered during the stop could be suppressed.
It is also possible that the police made an error when administering field sobriety tests or a breathalyzer test. In some cases, a disability may make it difficult for a person to complete a field sobriety test properly. In other situations, a medical condition such as diabetes can affect breathalyzer results.
While each case is unique, it is important to understand that it is possible to defend against DUI charges in Arizona. With the stakes so high for a possible DUI conviction, you can’t afford to not have an aggressive DUI defense attorney by your side.
Facing DUI Charges? Our Law Firm Can Help.
A DUI conviction can have a serious impact on your life. In addition to a license suspension and other driving-related consequences, you will also likely have to spend some amount of time in jail – and pay large fees. We will thoroughly analyze your case to develop the best possible defense to the charges against you.
At Matthew Lopez Law, we have significant experience handling DUI charges throughout Arizona. For each case, our goal is to get the best possible outcome for our clients, whether that means reduced jail time, a reduction to a “wet reckless” charge, or even a dismissal or acquittal. If you have been charged with a DUI in Arizona, call our law offices at 480-608-9998 or fill out our online contact form to schedule a free initial consultation with an Arizona DUI defense lawyer.