ARIZONA DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
ARIZONA DUI/ DWI REGULATIONS
In Arizona, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of Arizona automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test.
Refusing to take the chemical test will result in your license suspended or denied for 12 months for your 1st offense, or for 2 years for the 2nd or subsequent refusal within a period of 84 months. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
ARIZONA DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
- Having BAC of over 0.15% or more is classified as a Misdemeanor Criminal Conviction (extreme DUI).
- Aggravated DUI is when a person whose privilege to drive or driver license has been suspended, revoked, cancelled or refused, and is caught under influence of alcohol or drugs. This also includes a 3rd or more violation within 5 years after the 1st conviction or when driving accompanied by an under 15 year old in the vehicle.
1st Offense
- Is treated as a Class 1 Misdemeanor.
- Imprisonment for minimum 10 days (not eligible for suspension or probation).
- A minimum $250 fine.
- You may have to undertake community restitution.
- There is an additional $500 charge to be paid each into in the prison construction and operations fund and the public safety equipment fund.
2nd Offense
(within 7 years)
- Is treated as a Class A Misdemeanor.
- Imprisonment for 90 days (30 days have to be successive), which is not eligible for suspension or probation.
- A minimum $500 fine.
- Your driving privilege will be revoked for 1 year.
- You may have to undertake 30 hours of community restitution.
- There is an additional $1,250 charge to be paid each into in the prison construction and operations fund and the public safety equipment fund.
3rd Offense
(within 7 years)
- Is treated as a Class 4 Felony.
- Imprisonment for minimum 4 months.
- Up to a $150,000 fine.
- Your license will be revoked for 3 years.
EXTREME DUI – 1st Offense
- Is treated as a Class 1 Misdemeanor.
- Imprisonment of minimum 30 consecutive days (45 days if BAC is 0.20% or more).
- A minimum $250 fine ($500 if BAC is 0.20 or more).
- 8 points will be added to your driving record.
- An additional $250 as assessment also has to be paid.
- You may have to undertake community restitution.
- There is an additional $1,000 charge to be paid each into in the prison construction and operations fund and the public safety equipment fund.
EXTREME DUI – 2nd Offense (within 7 years)
- Imprisonment of a minimum 120 days (60 days have to be consecutive), not eligible for suspension or probation.
- You may have to undertake 30 hours of community restitution.
- Your privilege to drive will be revoked for 1 year.
- There is an additional $1,250 charge to be paid each into in the prison construction and operations fund and the public safety equipment fund.
AGGRAVATED DUI
- Imprisonment for a minimum of 4 months that are not eligible for suspension or probation.
- A 2nd or subsequent violation within 7 years will result in imprisonment of a minimum of 8 years.
- A $250 assessment fee.
- A minimum $750 fine.
- An additional $1,500 charge to be paid each into in the prison construction and operations fund and the public safety equipment fund. The vehicle can also be forfeited.
- As per the law, the court may order a driver’s license to be revoked for 1 year if the driver possesses or uses drugs while operating the vehicle.
If you are under 21 years old:
- If you are convicted under the “Minor In Possession/Other Alcohol Offenses Law” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving, it is classified as a misdemeanor criminal conviction.
- The license may be suspended for 2 years for conviction for those under 20.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
ARIZONA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- If you are convicted for your BAC being higher than 0.04% for the first time, you will be disqualified from driving for 60 days.
- For the 2nd offense in 3 years, the penalty is for 120 days.
- For the 3rd or subsequent offense in 3 years, the penalty is 12 months.
- You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
ARIZONA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Arizona laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- The driver is age 21 and over and is driving with BAC 0.08% or more.
- The driver is under age 21 and is driving with BAC 0.02% or more.
- The driver is driving a commercial vehicle with BAC 0.04% or more.
Under this action, if you are arrested for DUI/DWI, the arresting officer will confiscate your Arizona driver license and issue a temporary driving permit and file an AIR (Alcohol Influence Report), complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Department of Transportation.
The driver can apply in writing for an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 7-year driving record. If there are any alcohol related convictions or suspensions for this 7-year period, the license will be revoked for 1 year, and if not, then it will be suspended for 30 days.
You may be eligible to drive using the Limited Driving Privilege after the 30 days of conviction. If the administrative hearing goes against the driver, you can ask for a review. However, you will have to serve the suspension/revocation until the circuit court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license.
If the verdict goes in favor of the driver, then the license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins on the 15th day after the arrest, and is final.
ARIZONA LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Transportation, once the period of suspension or revocation is over.
Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed the state approved traffic survival school reform program (the agency will send the proof to the Driver License Bureau once you have completed the program), pay the reinstatement fee of $20 and maintain proof of financial responsibility for 2 years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. You may also have to undergo road and vision test.
Call Motor Vehicle Division for more details on reinstatement fees:
Tucson: (520) 629-9808
Phoenix: (602) 255-0072
Other parts of Arizona: (800) 251-5866
If you are being convicted, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.