Phoenix DUI Lawyer

DUI / DWI, Driving Under the Influence and Related Charges

Arizona is known for its harsh penalties for driving under the influence. There are many different types of DUI offenses under Arizona law with penalties that can get more severe depending on the situation.

A DUI charge can arise from leaving the downtown area of a city, a bar, or using the freeway after a night out.

A misdemeanor DUI offense can escalate to a serious felony charge when it involves an accident, injuries to another person or passenger, or you have prior DUI convictions, there are kids in the car, you are driving with a suspended license, or you are driving on the wrong side of the road.

Many people believe that Arizona is zero tolerance for driving under the influence. However, the State has to prove in every case that someone drove while “impaired to the slightest degree”. A skilled DUI lawyer can argue and make the case to the jury that a driver was not impaired and they were safe to drive.

ARS 28-1381: Regular DUI

Makes it unlawful for someone to “drive” or be in “actual physical control” of a vehicle when the person meets any of the three following conditions:

1. They are “impaired to the slightest degree” by an intoxicating liquor or other substance such as drugs, smoke, or vapor;
2. Their concentration of blood alcohol is .08 or higher (known as the legal limit, must within 2 hours of driving or actual physical control);
3. They have a positive blood test for a drug metabolite, prescription or non-prescription, listed in ARS 13-3401. Common drugs include marijuana/cannabis, oxycodone, amphetamines/methamphetamine, fentanyl, ambien, anti-anxiety medications like Xanax and benzodiazepines.

Case Examples:

Jeremy goes out for happy hour drinks with co-workers in downtown Gilbert at The Porch. He has two pint seized draft beers. He feels safe to drive and leaves the downtown area. He gets pulled over for driving 35 mph in a 25 mph. The officer smells the beer and asks him to step out of the car. He is arrested for DUI because the officer believes he is “impaired to the slightest degree” by the beer that he drank. Even though Jeremy’s blood alcohol test comes back at a .075, below .08, he is still charged with a minimum DUI charge.

Erica goes on a date in Oldtown Scottsdale. She is only 5’3 and weighs 115 pounds. She has 2-3 mixed drinks on the date. On her way home she is pulled over on the 101 freeway for failure to signal a lane change. She consents to a breathalyzer test and her result is .082. She is subsequently charged with two DUI charges: 1)impairment to the slightest degree by intoxicating liquor and 2) driving with a Blood Alcohol Concentration (BAC) .08 and above.

Patrick has had chronic back pain for several years due to a bike accident. He smokes marijuana daily instead of taking pain killers. Patrick is a delivery driver for Amazon. On his day off he drives to Mint Dispensary to pick up his cannabis. He is pulled over for not coming to a complete stop at a red light before turning right -though there is no traffic. The officer sees the unopened bag of marijuana on his passenger seat and requests Patrick get out of the car to participate in a series of tests to make sure he is “safe to drive.” After being questioned multiple times, Patrick advises the officer he smokes cannabis every day. He thinks he does well on the tests but is then arrested for DUI and taken down to the station for a blood draw. He is charged with both impairment to the slightest degree by drugs and driving under the influence with a drug metabolite.

Mandatory minimum jail time for ARS 28-1381. A conviction for a regular DUI under ARS 28-1381 involves mandatory minimum jail of 1 to 10 days. In addition to mandatory minimum jail time. A conviction results in a 90-day driver license suspension, 8 points on motor vehicle record, higher insurance rates, court-ordered substance abuse counseling

• Minimum of 1-10 days in jail
• Minimum fines of $1500+
• Breathalyzer requirement from Arizona Department of Transportation for 6-12 months
• Mandatory license suspension for 90 days
• 8 points assessed against motor vehicle record
• Mandatory classes and counseling for a minimum of 16 hours
• Mandatory Traffic Survival School 8 hour course

ARS 28-1382: Extreme DUI & Super Extreme DUI

When a person’s blood alcohol concentration exceeds .15 or .20 within 2 hours of driving or actual physical control of a motor vehicle, they can be charged with a more serious misdemeanor Extreme and Super Extreme DUI. Arizona imposes harsher penalties based on a higher blood alcohol concentration.

Minimum consequences and mandatory jail is increased up to 30 days minimum for a .15-.20 BAC DUI and 45 days minimum for .20 and up DUI. Fines increase and consequences with motor vehicle increase as well.

For an extreme DUI BAC between .15-.20:

• Minimum of 30 days jail
• Minimum fines of $2500+
• Breathalyzer requirement from ADOT for 18 months
• Mandatory license suspension for 90 days
• 8 points assessed against driver record
• Mandatory classes and counseling for a minimum of 36 hours
• Mandatory Traffic Survival School 8 hour course

For a super extreme DUI BAC above .20 the following additional consequences are added:

• Minimum of 45 days jail
• Minimum fines of $3500+
• Counseling and classes increase to 56 hours

ARS 28-1383: Aggravated DUI

Any of the above misdemeanor charges can easily become a felony aggravated DUI if one of the following elements are met:

1. It is their 3rd DUI charge within 7 years.
2. Commits DUI while their driving privilege is suspended, canceled, revoked, or refused.
3. Commits DUI with a passenger under the age of 15 (fifteen).
4. Commits DUI while driving the wrong way on the highway – including surface streets.

ARS 4-244(34): Underage DUI

Underage DUI can occur when a driver has any amount of alcohol and is under the age of 21 (twenty-one). Regardless of the level of alcohol. A driver could be well below the legal limit of .08 and still be charged with underage DUI because they are not supposed to have any alcohol in their system to begin with.

An underage DUI can carry serious consequences such as a 2 year license suspension, breathalyzer requirements, and potential jail time.

RELATED CRIMINAL TRAFFIC OFFENSES

• ARS 28-693: Reckless Driving:
• ARS 13-1201: Reckless Endangerment
• ARS 13-1204 Aggravated Assault:
• ARS 28-662 and 663: Leaving the Scene of an Accident (Hit and Run)
• ARS 28-661: Leaving the Scene of an Accident Involving Serious Injury or Death
• ARS 13-704: Mandatory Prison for Dangerous Offenses involving a Motor Vehicle
• ARS 5-395: Operating Under the Influence / Boating DUI