Violating Arizona DUI laws is usually just a class 1 misdemeanor, but the consequences can be devastating to your life and livelihood. That is why our legal team is devoted to achieving the most favorable resolution where our clients can get back to their lives – and on the road – as soon as possible.
Arizona also imposes a zero-tolerance policy towards underage drinking and driving. Motorists under the age of 21 can be charged with DUI if they are found to have any detectable amount of alcohol in their body.
Our Arizona drunk driving attorneys fight your DUI case on two fronts: First we aggressively challenge your driver’s license suspension at the MVD hearing. Then we negotiate strategically with prosecutors in pursuit of a reduction or full dismissal of your criminal charges.
In this article, our Arizona DUI lawyers discuss:
- 1. What are the penalties for a DUI in Arizona?
- 2. Can I keep my license?
- 3. How do I fight the charges?
- 4. Will a DUI show up on my background check?
- 5. Do I have to go to court?
- 6. Do I need an attorney?
There are several ways Arizona DUI lawyers can fight drunk- and drugged driving charges.
1. What are the penalties for a DUI in Arizona?
The punishment for a first-time DUI depends on the defendant’s blood alcohol concentration (BAC), as determined by the defendant’s breath- or blood-test following the arrest:
| First-time DUI offense in Arizona | Standard class 1 misdemeanor penalties |
| Impaired or Pe se DUI (BAC of .08% to .149%) |
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| Extreme DUI (BAC of .15% to .199%) |
|
| Super Extreme DUI (BAC of .20% or higher) |
|
Penalties increase for defendants who pick up a subsequent conviction in a seven-year time span. Penalties for a second DUI include:
| Second-time DUI offense in Arizona | Standard class 1 misdemeanor penalties |
| Impaired or Pe se DUI (BAC of .08% to .149%) |
|
| Extreme DUI (BAC of .15% to .199%) |
|
| Super Extreme DUI (BAC of .20% or higher) |
|
Meanwhile, a third DUI in a seven-year period is an automatic class 4 felony carrying:
- at least 4 months in Arizona State Prison;
- At least $4,000 in fines;
- 3-year driver’s license suspension;
- An ignition interlock device (IID) for 2 years;
- Alcohol and drug screening, education, or treatment; and
- Traffic survival school course
Finally, defendants accused of DUI causing injury could face felony assault charges. And if the accident results in someone’s death, the defendant could face manslaughter charges. Penalties include high fines and prison terms.1
2. Can I keep my license?
The only way drunk driving defendants can avoid a license suspension under Arizona DUI law is to win both the criminal case and the administrative MVD hearing. These are two entirely separate proceedings. And defendants who win one but lose the other will still have their license suspended.
The criminal case is actually easier to win than the MVD case. This is because criminal prosecutors have the burden to prove guilt beyond a reasonable doubt. Meanwhile, the MVD needs much less evidence to find that the defendant was driving under the influence of alcohol or drugs.
In general, a first-time DUI carries a 90-day license suspension. A second-time DUI carries a 1-year license revocation. And a third-time DUI carries a 3-year license revocation.2
Breathalyzer results might not be accurate in DUI cases.
3. How do I fight the charge?
Depending on the facts of a particular DUI case, there are several potential defenses that could get drunk driving charges reduced or dismissed. Just seven of them include:
- Law enforcement had no reasonable suspicion to make the initial traffic stop.
- The police recited incorrect instructions for the field sobriety tests.
- The arresting officer did not have probable cause to believe the defendant was violating Arizona DUI laws when the officer apprehended the defendant.
- The police officer forgot the “15 minute observation period” required before administering the chemical breath test.
- The blood test samples became contaminated.
- The defendant had a medical condition – such as acid reflux – that caused a false positive breath test.
- The defendant was suffering from a medical episode – such as a diabetic coma – that mimicked intoxication.
4. Will a DUI show up on my background check?
Yes, there is no way to expunge or seal criminal records in Arizona. However, we may be able to get the case “set aside” – which shows that you are free from all penalties and disabilities stemming from the case. And employers are less likely to disqualify job applicants if their DUI case has been “set aside.”3
5. Do I have to go to court?
In most DUI cases, our attorneys can appear on your behalf without you having to be there.
6. Do I need an attorney?
Having a private criminal defense attorney fight for you maximizes your odds of getting a DUI reduced or dismissed. Public defenders simply do not have the time or resources to do a thorough work-up of each case like we do.
We investigate every aspect of your case in search of all the “weak links” in the state’s evidence. Even if you believe you were guilty, we may find evidence of police misconduct that could get the whole case thrown out.
So if you want the best chance of a favorable resolution to your drunk driving case, it is strongly advised that you hire a defense lawyer experienced in Arizona DUI laws to go to bat for you. We will do everything possible to get your charge lessened or dropped while saving your driver’s license.
Call our law firm for legal advice. We offer free consultations on Arizona DUI laws.
Legal References
- ARS 28-1381, et seq.; ARS 13-1203; ARS 13-1103.
- ARS 28-1381, et seq.
- ARS 13-905, et seq.