ARIZONA OUI DEFENSE ATTORNEY

Quick Answer

In Arizona, it is illegal to drive under the influence of alcohol and/or drugs. Specifically, if you have a blood alcohol concentration (BAC) of .08% or higher – or are impaired at all by drugs or alcohol – then you could be charged with a criminal offense. Arizona imposes a mandatory jail sentence for anyone convicted of driving under the influence (DUI).

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What Is DUI Charges in Arizona Under Arizona Law?

DUI Charges in Arizona

In Arizona, it is illegal to drive under the influence of alcohol and/or drugs. Specifically, if you have a blood alcohol concentration (BAC) of .08% or higher – or are impaired at all by drugs or alcohol – then you could be charged with a criminal offense. Arizona imposes a mandatory jail sentence for anyone convicted of driving under the influence (DUI).

If you have been charged with DUI in Arizona, you should not simply plead guilty. A DUI conviction can have significant consequences, including jail time, fines, a license suspension, and the installation of an ignition interlock device (IID). Our Arizona criminal defense lawyers will fight to help you get the best possible outcome – which may include getting your charges dismissed or even reduced.

Based in Tempe, Matthew Lopez Law advocates for clients who have been charged with a range of crimes, including drug and alcohol-related offenses like DUI. We offer free consultations for all prospective clients. Contact our law offices today to talk to experienced Phoenix DUI defense attorney Matthew Lopez.

How Arizona Defines Driving Under the Influence

Generally, it is against the law to operate a motor vehicle while under the influence of alcohol and/or drugs in the state of Arizona. To prove that a person was driving impaired, a prosecutor must prove that they were:

• Driving or in actual physical control of a motor vehicle; and
• Under the influence of alcohol and/or drugs.

For purposes of this law, a person can be charged with a DUI if they are operating a vehicle – or if they are in “actual physical control” of it. While the statutes don’t define “actual physical control,” courts look to factors such as:

1. Whether the vehicle was running;
2. Whether the ignition was on;
3. Where the ignition key was located;
4. Where and in what position the driver was found in the vehicle;
5. Whether the person was awake or asleep;
6. Whether the vehicle’s headlights were on;
7. Where the vehicle was stopped;
8. Whether the driver had voluntarily pulled off the road;
9. Time of day;
10. Weather conditions;
11. Whether the heater or air conditioner was on;
12. Whether the windows were up or down;
13. Any explanation of the circumstances shown by the evidence.

It is possible to be convicted of DUI even if you aren’t driving at the time. However, Arizona does have a “stationary shelter” exception which allows a person to pull off to the side of the road and sleep it off if they are too intoxicated to drive. However, this exception is only applicable in cases where there is no actual threat to the public posed by the potential operation of the vehicle.

In Arizona, you are considered to be driving under the include if:

• Your BAC is .08% or higher;
• Your mental and physical ability to drive is “impaired to the slightest degree” by alcohol or drugs; or
• You had any amount of an illicit “dangerous drug” (like cocaine, heroin, or methamphetamines) in your system.

Importantly, you can be charged with DUI if you drive while impaired by an over-the-counter or prescription medication. For example, if you took Benadryl for your allergies or a legally prescribed Xanax for your anxiety and then got behind the wheel, it could lead to DUI charges. Under Arizona’s strict DUI laws, the question is not whether you were legally allowed to take a medicine or ingest a substance like marijuana – it is whether your ability to drive was impaired in some way.

Penalties for DUI in Arizona

Arizona has some of the harshest DUI laws in the nation. The consequence for a DUI conviction will be based on (1) the type of charge; and (2) any prior DUI convictions within the past 7 to 10 years. 

There are four types of DUI charges:

1. Impaired to the slightest degree
2. BAC above .08%
3. BAC above .15% (extreme DUI)
4. BAC above .20% (super extreme DUI)

Most DUI charges are misdemeanor offenses. However, you can be charged with a felony DUI if it is your 3rd DUI conviction and in certain other situations. Known as an “aggravated DUI,” this conviction is “forever allegeable,” which means that a conviction can be used against a person for the rest of their life and will be considered in any future charges the defendant may face.

Even a misdemeanor DUI conviction can affect you for years in the future. It can result in jail, fees and fines, jail time, high-risk (SR-22) insurance, a license suspension, alcohol counseling, and the required installation of an ignition interlock device. It can also lead to other consequences, like the inability to get certain work-related driver’s licenses (CDLs).

The potential penalties for a DUI conviction include:

• 1st Offense: 10 days to 6 months in jail, a fine of $250 to $2,500, and fees of $1,000.
• 2nd Offense: 90 days to 6 months in jail, a fine of $500 to $2,500, and at least 30 hours of community service.
• 1st Offense with .15% BAC: mandatory minimum of 30 days in jail and at least $2,500 in fines and fees.
• 2nd Offense with .15% BAC: at least 60 days in jail and at least $2,750 in fines and fees.
• 1st Offense with .20% BAC: a minimum of 45 days in jail and $2,750 in fines and fees.
• 2nd Offense with .20% BAC: a minimum of 180 days in jail and at least $3,250 in fines and fees.
• 3rd Offense DUI (Habitual Offender): a level 4 felony, it is punishable by 4 months to 3 years in prison and at least $4,000 in fines and fees.
• Impaired Driving with a Revoked License: a level 4 felony, the consequences include 4 months to 3 years in prison and at least $4,000 in fines and fees.
• Impaired Driving with Child Passengers: a level 6 felony, this offense may result in up to 18 months in prison and at least $4,000 in fines and fees.
• DUI with an IID: a level 4 felony, this offense is punishable by 18 months to 3 years in prison and a minimum of $4,000 in fines and fees.
• Wrong Way DUI: a level 4 felony, the consequences include 4 months to 3 years in prison and at least $4,000 in fines and fees.
• Under 21 DUI: if a person operates a vehicle with any amount of alcohol in their system when they are under the age of 21, they can be charged with a DUI. This charge is a class 1 misdemeanor, punishable by up to 6 months in jail and $2,500 in fines, plus a 2-year license revocation.

In addition to these penalties, all DUI offenders in Arizona must complete a traffic survival course that is typically 8 hours in length. While alcohol and drug treatment typically is not required, participation in some type of approved treatment program can significantly reduce the required jail time.

DUI License Consequences

In Arizona, if you are convicted of a DUI, you will also face penalties related to your driver’s license. The Arizona Department of Motor Vehicles (DMV) will take administrative action against a driver who is charged with a DUI. This action is separate from any criminal case brought by the prosecution. 

The process starts with your arrest when the police officer takes your license and gives you an “admin per se” form, which is a temporary license good for 15 days. Within this time period, you will need to request a hearing with the DMV to avoid a longer suspension going into effect at the end of the 15 days.

If you fail a chemical breath, blood, or urine test, then the DMV can suspend your driver’s license for 90 days. If you do not have any previous DUI convictions and you complete treatment, this can be reduced to 30 days with a 60-day IID requirement. If you are convicted of a second or third DUI within the previous 7 years (84 months), then your driver’s license will be revoked.

In addition, if you refuse to submit to breath, blood, or urine testing after being lawfully arrested for a DUI, then your license will be suspended – even if you ultimately are not convicted of the DUI charge. A refusal will typically result in a 1-year suspension for a first offense and a 2-year suspension if it is a second or greater offense.

Importantly, a license suspension will happen automatically unless you request an administrative hearing. Your Phoenix DUI defense attorney can advocate for you in this hearing as they prepare for the criminal case.

Defending Against a DUI Charge

If you are charged with a DUI in Arizona, you may believe that you have no choice but to plead guilty and accept the consequences – particularly if a chemical test reveals that you were intoxicated. However, it is possible to defend against these charges – and even get the charge reduced or dismissed.

In some cases, there may be a legal or factual defense to the charges against you. This may include defenses such as:

• Lack of probable cause for the traffic stop;
• A medical reason that you may have appeared intoxicated or had a positive chemical test result (such as diabetes)
• Unreliable breathalyzer or blood test results
• Improper administration of field sobriety tests
• Violation of constitutional rights, such as your right to an attorney or right to remain silent

If any of these circumstances exist in your case, it may be possible to get the charges dismissed entirely. However, the ability to make these arguments is based on the specific facts of your case. Your Arizona DUI lawyer can advise you of the likelihood of getting a dismissal for your case.

In other circumstances, your attorney may be able to get your DUI charge reduced to a lesser offense. This typically will involve pleading guilty to a charge such as reckless driving (known as “wet reckless” when pled down from a DUI). Getting your charge reduced will depend on factors such as the severity of the offense, any prior DUI convictions, the strength of the evidence against you, and your willingness to participate in treatment programs.

A skilled DUI defense attorney can often negotiate a more favorable outcome than you would get by just pleading guilty. In the Phoenix area, contact Matthew Lopez Law to schedule a free consultation with a member of our legal team.

Do Not Give Up – We Can Help Get DUI Charges Dismissed Or Reduced

If you have been arrested for a DUI in Arizona, you have options. In many cases, it is possible to get a better outcome for your case through skillful legal work and negotiation. Our law firm will analyze your case and develop the strongest possible defense to the charges against you.

Matthew Lopez Law, PLLC, is your ally when you are facing a DUI charge. We examine the evidence, listen to your side of the situation, and look for the best strategies that will lead to a dismissal or reduction of charges. Call us at 480-608-9998 or use our online contact form to set up a free case consultation.

Some Frequently Asked Questions About Arizona DUI

What Happens When You Are Charged with a DUI in Arizona?

When you’re charged with a DUI, your first hearing is called an arraignment. At the arraignment, the judge will read your charges and enter a not-guilty plea. From here, our attorneys can gather your police report, blood or breath results, video of the event and interview the arresting police officers. There are several possible outcomes for a first-time DUI charge. Worst case scenario, you may be facing 45 days in jail. The chances of getting a reduction or dismissal significantly improve with our experienced lawyers.

How Do You Beat a DUI in Arizona?

The way our attorneys approach DUI cases varies depending on the case. There are some cases where we focus on the reason our clients were stopped, how field sobriety tests were conducted, whether constitutional rights were violated, or whether the blood or breath sample comported with specific scientific standards.

How Long Does a DUI Stay on Your Record in Arizona?

In Arizona, a DUI conviction will forever appear on your criminal record. If your conviction was for a misdemeanor DUI, the conviction will be used against you for the next 7 years if you were to receive a second or third DUI. For purposes of the Motor Vehicle Division, a DUI arrest will appear on your driver’s record for 39 months. Because of the length of time, a DUI conviction will last, it is important to do everything you can to fight your case.

How Many Points Is a DUI in Arizona?

If convicted of a DUI, the Arizona Motor Vehicle Division will assess 8 points against your driving record. You will also be required to attend Traffic Survival School. If you were to receive a second moving violation within 12 months, even a speeding ticket, your license will be suspended.

Table of points:

How Much Do You Charge and Do You Offer Payment Plans?

Our award-winning DUI services are offered at a very reasonable fee. There is no reason to pay a lawyer thousands of dollars to fight your DUI. We handle more DUIs than most other law firms in the state of Arizona. Our level of experience is unparalleled. 

Because we handle so many DUI cases, we are extremely familiar with the various defenses that can be used to fight for a reduction or dismissal. Don’t waste your money by hiring an overpriced lawyer. We offer affordable payment plans because we truly believe that everyone should have access to quality legal representation.

Can a DUI Be Expunged in Arizona?

Arizona is one of the few states that does not expunge or seal criminal convictions. Although a DUI is a misdemeanor, if convicted, you will forever have the DUI conviction on your record. Don’t let your reputation be tarnished. Let’s work together to fight your case.

Can You Refuse a Breathalyzer or Field Sobriety Tests in Arizona?

If you are under investigation for a DUI, you have every right to refuse all field sobriety tests, including the portable breath test. In addition to refusing all roadside tests and portable breathalyzers, do not admit to drinking. We do not condone lying to the police, so if you think you are being investigated for a DUI, your best approach is to respectfully decline all questioning and tests, and request to speak to an attorney as quickly as possible.

If the investigating police officer believes that there is probable cause to arrest for a DUI, once you are taken back to the station or DUI processing center, failure to submit a breath test or blood draw will result in a one-year license suspension. There is no upside in refusing a breath or blood sample AFTER you are arrested, so we advise our clients to consent. If your blood was drawn, our attorneys can have your blood independently analyzed by our expert scientists.

The bottom line: you can and should refuse to consent to all pre-arrest testing and questioning. After you are arrested, you should take the chemical breath, blood or urine test as failure to do so will result in an automatic license suspension. At all points in the process, you should politely refuse to answer any questions and ask to talk to your lawyer.

Maricopa County Superior Court

• Address 201 W Jefferson St, Phoenix, AZ 85003
• Hours Mon–Fri, 8 AM – 5:00 PM
• Phone 602-506-3204

La Paz County Superior Court

• Address 1316 KoFA Ave., Suite 607, Parker, AZ 85344
• Hours Mon–Fri, 8 AM – 5:00 PM
• Phone (928) 669-6131

Apache Junction Justice Court

• Address Roy Hudson Complex, 575 N Idaho Rd, Apache Junction, AZ 85119
• Hours Mon–Fri, 8 AM – 5:00 PM
• Phone 480-982-2921

Lake Havasu County Courthouse

• Address 1695 Mesquite Ave, UNIT 214 Lake Havasu City, AZ 86403
• Hours Mon–Fri, 7:30 AM – 4:00 PM
• Phone928-714-7032