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Why Does Arizona Have the Strictest DUI Laws?

Criminal defense lawyers and analysts around the country routinely agree that Arizona has the strictest DUI laws and regulations in the United States. The Grand Canyon State does not mess around when it comes to driving while high or drunk.

Compared to other states, Arizona’s penalties include longer jail times, increased fine structures and more severe consequences (i.e., automatic license suspension, ignition interlock device).

Creating stricter consequences is one way Arizona aims to minimize the number of DUIs and lower the average auto accident fatality rate in the state.

What Is the Legal Limit in Arizona?

Arizona is a zero-tolerance state, meaning that if an officer believes a driver is intoxicated and their blood alcohol content (BAC) is lower than the legal limit (0.08) they can still be charged with a DUI. The officer will need ample evidence of the driver’s impairment before a DUI charge can be brought. Drivers under 21 will automatically be charged with a DUI if officers suspect any kind of intoxication, regardless of their BAC level.

What Are the DUI Penalties in Arizona?

DUI first offense: Arizona drivers who are charged with their first DUI offense will be required to pay no less than $1,480 in fines, serve 10 consecutive days in jail and will have their license suspended. Nine days may be suspended if the accused completes court-ordered counseling. The ignition interlock device is also required for 12 months.

DUI second and subsequent offenses: Arizona drivers who have been previously charged with a DUI can expect to pay no less than $3,500 in fines, be sentenced to 90 days in jail and have their license suspended for one year. Sixty days may be suspended if the accused completes court-ordered counsel. The ignition interlock device is also required after the one-year suspension ends.

Extreme DUI first offense: Arizona drivers with a BAC level of 0.15 or higher will be required to pay a fine of at least $2,500 and will be sentenced to a minimum of 30 consecutive days in jail. The ignition interlock device is also required for 12 months.

Extreme DUI second and subsequent offenses: Arizona drivers with a BAC level of 0.15 or higher who have been previously charged with an extreme DUI can expect to be fined no less than $3,250, sentenced to a minimum of 120 days in jail and have their license suspended for one year. The ignition interlock device is also required after the one-year suspension.

Aggravated DUI

Arizona drivers may be charged with an aggravated DUI if they:

Get a DUI while their license is suspended, revoked or canceled
Have been charged with a third DUI in 84 months
Drive intoxicated while a person under 15 is in the vehicle
Get a DUI while travelling the wrong way on any highway

Ignition Interlock Device

All Arizona drivers who receive a DUI conviction will be required to have an ignition interlock device installed in their vehicle. Driver must breathe into the device before they can start their vehicle. If the device picks up even a hint of alcohol the car will not start. The ignition interlock system will also force the driver to blow into the device periodically while they operate the vehicle.

Alcohol Screening and Community Service

All Arizona drivers who are convicted of a DUI are required to undergo alcohol screening, education or treatment. Additionally, they will be ordered to complete a certain number of hours of community service.

An Arizona criminal defense attorney can help you understand our state’s DUI laws and defenses.

What Happens if a Driver Refuses a BAC Test?

Once a driver is arrested in Arizona for driving under the influence, they will be required to complete blood alcohol or drug tests. If the driver refuses or fails to submit the required tests, they automatically revoke all driving privileges for one year. The second refusal within 84 months will result in losing all driving privileges for two years.

In order for a driver to have their driving privileges reinstated or obtain a restricted permit, they must complete an alcohol or drug screening.