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Let’s start with the basics: what exactly defines a DUI according to Arizona law?

Arizona is known to be one of the harshest U.S. states when it comes to DUI laws. This is, in part, due to the fact that a driver can be charged with a DUI for showing any signs of intoxication while driving. Arizona DUI laws specifically state that any behaviors demonstrated by the driver which indicate intoxication are reason enough to charge (and possibly sentence) a driver with a DUI. As a zero-tolerance state, any driver under the age of 21 who is found to have alcohol or drugs in their system can and will be charged with a DUI.

As is the case with other states throughout the U.S., the legal blood-alcohol level in Arizona is below .08%. Getting behind the wheel of a vehicle with a blood-alcohol level of anything greater than this number is considered drunk driving. For drivers who operate commercial vehicles, this number is even lower at .04%.

And, while it may seem obvious, it is important to note that the more DUIs a driver receives, the more severe the consequences. In Arizona, these consequences add up at a steep rate. A standard, first-time DUI typically carries a sentence of approximately 10 days and jail with fines of up to $1,500 along with a license suspension and mandatory interlock device.

If you’re unfamiliar, an ignition interlock device – also known as an IID – is a tool that connects to the ignition of a car. To operate the vehicle, the user must pass a breathalyzer test. Arizona requires every offender sentenced with a DUI to have an IID installed on their vehicle for at least one year.

A second standard DUI offense jumps to a jail time of 90 days and $3,500+ in fines. Again, this includes a license suspension, interlock device installation, and adds on community service and counseling.

Pulled Over for a DUI? This is the Process You Can Expect

You’re being pulled over for driving while intoxicated – what happens at the scene?

If an officer views your behavior as suspicious and believes you to be intoxicated, he or she can administer a sobriety test. While you are technically able to refuse a sobriety test, BE WARNED – in Arizona, the law states that anyone who gets behind the wheel of a vehicle automatically consents to sobriety tests, whether that be a breathalyzer, or an officer requesting you to complete a series of physical tests (such as walking in a straight line, reciting the alphabet backwards, etc.) Refusing one of these tests can result in a one-year suspension of your driver’s license (regardless of whether or not you are charged with a DUI).

Now let’s say you have had one too many drinks and turn on your car just to warm up or sleep it off – is this a chargeable offense? Arizona DUI laws say yes. You can be charged with a DUI without physically driving so long as the prosecution can prove that driving the vehicle was your ultimate intent. That being said, a DUI charge often has a great deal to do with the context of what is going on at the time of the charge. For example, were you sitting behind the wheel of your car with the engine on? Or were you asleep with the engine off? If the answers to these questions indicate that the driver was planning to operate the vehicle, police have the right to make an arrest. Here is where a professional DUI attorney will be able to guide you with building a proper defense.

Arizona Categories of DUI Charges

What class of DUI you are given often has to do with a number of different factors such as your record (have you received a DUI in the past?) and your level of intoxication at the time of arrest – among others.

There are four classes or “tiers” of DUI charges: Basic, Extreme, Super Extreme, and Aggravated. Receiving a DUI on a suspended license would fall under the “aggravated” category.

The four classes are defined as follows:

• Basic – blood-alcohol level between .08% and .14%; first offense
• Extreme – blood-alcohol level at or above .15%
• Super Extreme – blood-alcohol level at or above .20%
• Aggravated – DUI with a canceled or revoked license; intoxicated driving with a passenger under the age of 15 in the vehicle; third DUI in 84 months; refusal to submit blood-alcohol test while using an IID

A first-time DUI offense is almost always considered a misdemeanor. However, if the intoxicated driver caused serious damage, injury, or even death as a result of their actions, they could very well be facing felony charges. Depending on the severity of prior DUI charges, this could also lead to the increase of a conviction from misdemeanor to felony.

So what’s the difference?

For starters, the penalties. A felony charge can lead to a minimum of one year in prison and fines that amount to thousands upon thousands of dollars. Felony convictions also carry other sentences outside of the scope of the crime; losing the right to vote, for instance.

Receiving a DUI on a Suspended License

As previously stated, getting a DUI in Arizona while your license is suspended immediately puts you in the Aggravated DUI category, which may include anything from several months to a full year in prison and one to two years with an ignition interlock device. Depending on the severity of the circumstances, you may even be forced to forfeit your vehicle to the state. Additionally, it’s possible for your license suspension to be extended or even to have your license permanently revoked.

Remember when we said at the beginning of this article that Arizona takes its DUI laws very seriously? Well, we weren’t kidding. The state takes these laws so seriously, in fact, that you can never get DUI convictions fully removed from your permanent record. Those convicted with a DUI can opt to have their conviction “set aside” – a term that refers to the government’s acknowledgement that the convicted individual has fully and properly completed all steps of their conviction (jail time, community service, paid all fines, etc.).

How do you get a license reinstated after a DUI?

Once your license suspension period is over, submit your information to the Arizona Motor Vehicle Division (ADOT) and pay any related fees. For example, there is a $10 fee for reinstating your license after a suspension which resulted from a DUI. Keep in mind that other fees may also apply.

Court ordered suspensions may also require court ordered reinstatements; something which is often determined by the specifics of your conviction. If you’re unsure how to get your license reinstated, reach out to your DUI lawyer. They will be able to walk you through the process, inform you about fees you may incur, and set up a court date if necessary.

And speaking of DUI lawyers…

Contacting a Lawyer – Just DO IT!

If you’ve been charged with an aggravated DUI in Arizona, contact a DUI attorney immediately; preferably someone who is experienced in the state’s strict DUI laws. This person will be able to walk you through the steps while protecting and maintaining your rights.