What You Need To Know and Understand About Arizona DUI Laws
Arizona’s DUI laws are among the strictest in the country, with stringent penalties for offenders. The legal blood alcohol content (BAC) limit is 0.08%, but there are also stricter limits for extreme and super extreme DUI offenses. It’s important to note that DUI laws apply not only to alcohol but also to driving under the influence of drugs, including prescription medications. Driving under the influence (DUI) charges in Arizona can have severe legal and personal consequences. Understanding the nuances of Arizona DUI laws is crucial for all drivers to avoid potential legal troubles and protect their rights.
A DUI arrest in Arizona can have a profound impact on your life, altering its course indefinitely. If you find yourself convicted of an aggravated DUI, the consequences can be severe, ranging from the suspension of your driver’s license to imprisonment and enduring DUI penalties.
At Future First Criminal Law, we are committed to providing unwavering support throughout this difficult period and offering the legal expertise necessary to navigate the complexities of your case. You can trust us to guide you through the process, ensuring you fully comprehend the challenges that lie ahead.
Don't Delay: Understanding the 30-Day Window for MVD Hearings in Arizona
If arrested for DUI in Arizona, you must request an MVD hearing within 30 days to contest license suspension. This hearing, separate from criminal proceedings, focuses solely on license suspension. Failing to act within this timeframe can lead to automatic suspension, irrespective of later court proceedings. Prompt action preserves your right to challenge suspension, allows gathering of crucial evidence, and demonstrates commitment to defending your rights, potentially leading to a more favorable resolution.We’re here to assist you and protect your driving privileges!
What Happens If I Am Pulled Over For DUI In Phoenix?
Physical Indications of Intoxication
After being pulled over, law enforcement officers in will observe any physical indications suggesting intoxication. These officers receive specialized training to recognize these signs and are required to document and testify about them later. Common physical indicators they look for include:
- Bloodshot eyes
- Slurred speech
- Emitting the odor of an alcoholic beverage
- Unsteady stance or gait
- Slurred speech
- Red, flushed face
- Aggressive or belligerent behavior
Roadside Exercises
It’s important to know the roadside exercises often requested during a traffic stop are entirely VOLUNTARY. An officer cannot arrest you based solely on your refusal to perform these tests. Should you decide to participate, be aware the officers are mandated to record these exercises, which could be used as evidence in any subsequent court proceedings.
Several tests have been developed to help officers detect intoxicated drivers over the years. However, police officers are specifically trained to administer three exercises for this purpose. These tests require a safe location and a demonstration by the officer before you are asked to perform them. Here are the three exercises approved for use:
Walk and Turn – The subject takes nine heel-to-toe steps, pivots, and takes nine steps back. The officer will be watching to see if the subject leaves gaps between steps, holds their arms out to the side to maintain balance, or makes a mistake on their count.
One Leg Stand – The subject will raise either foot six inches off of the ground and hold it while they count to 30, using a “one-one-thousand, two-one-thousand, three-one-thousand count.” The officer will watch to see if the subject drops their foot to the ground, holds their hands out to maintain balance, miscounts, or rushes their count.
Horizontal Gaze Nystagmus – The subject will follow the tip of a pen or finger with their eyes. The test tracks the smooth pursuit of the eye. As a subject becomes more intoxicated, there is an involuntary flutter that occurs in the eyes. The officer will look at any bouncing of the eyes as they follow the tip of the pen.
Arizona Implied Consent Law
Arizona, like many other states, operates under an implied consent law. This means that by obtaining a driver’s license, you automatically agree to submit to a blood, breath, or urine chemical test if requested by law enforcement. Refusing to take a chemical test in will result in the suspension of your driver’s license, similar to what would happen if your blood alcohol content (BAC) exceeded .08%.
How Is Impairment Assessed?
Police officers will conduct field sobriety, blood, or breath test to determine if you’re impaired. If you fail the tests, you may be arrested for DUI.
- Field sobriety test: You will be requested to get out of your vehicle and perform several basic physical tests to determine if there are any obvious impairments. Taking this test is not mandatory, and you can decline to do so.
- Breath test: A breathalyzer test involves blowing into an instrument that gives the police officer a reading indicating how much alcohol you are likely to have in your blood. If your blood alcohol content is above the 0.08% limit, you may be arrested and taken to the police station for further investigation, and you may be required to undergo a second, more accurate breath test before a result can be obtained.
- Urine test: Among the three tests to determine alcohol impairment, urine tests are the least accurate. Despite their inaccuracy, urine tests are increasingly used to detect illegal drugs in the body. As a result, urine tests are conducted in DUI cases where Arizona police suspect a driver may also be under the influence of drugs.
A refusal to submit to a chemical blood test may result in a one-year suspension, and a second refusal within seven years may result in a two-year suspension.
Request a Free Phone Consultation For Your Maricopa County Arizona Case
Future First Criminal Law is a distinguished team of seasoned lawyers specializing in DUI and criminal defense across the Phoenix Metro area. We understand the complexities of legal battles and are dedicated to guiding you expertly through every stage of your case. Explore how our expertise can become a cornerstone in overcoming your legal challenges and securing your rights.
When confronted with DUI and/or criminal charges, the decision to enlist the aid of a skilled DUI/Criminal Lawyer is not just beneficial—it’s crucial. Our team at Future First Criminal Law brings a wealth of experience and a proven track record of success, offering robust, tailored defense strategies designed to maximize the likelihood of a positive resolution. With our seasoned lawyers at your side, you can navigate the intricate legal landscape with confidence, knowing that you have top-tier legal minds committed to achieving the best possible outcome for you.
Experienced Top-Rated Arizona Lawyers Protecting Your Rights and Your Future
Future First Criminal Law is your top choice for strong DUI and Criminal defense representation. With a focus on a limited number of clients, we dedicate our full attention to each case, ensuring personalized and effective legal solutions.
Why Choose Us?
- Client-Centric Approach: We understand your future is at risk and your well-being is our priority. We tailor our defense strategies to your unique circumstances, devoting time and attention to each client. We work diligently to develop a personalized, thorough defense giving you the best possible outcome.
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Protect Your Rights, Schedule a Complimentary Phone Consultation
If you’re facing DUI or other Criminal charges in Arizona, it’s crucial to enlist the help of an experienced criminal lawyer. At Future First Criminal Law, we’re dedicated to safeguarding your rights and freedoms. Contact Us Today to schedule your free consultation and take the first step towards a successful defense.
Positively Impacting Lives Through Effective Legal Advocacy
Ready To Hire An Arizona DUI Defense Lawyer? We Got You!
While facing a DUI charge in Arizona may initially seem straightforward, the complexities of the Arizona DUI law mean there are many layers to the charge and the subsequent penalties. The Arizona DUI law makes it evident an experienced lawyer can greatly simplify navigating these layers. If you have been charged with a DUI in Arizona, the stiff penalties you face can cause significant disruption to your life. You need an experienced Phoenix DUI Defense Lawyer to review your case and guide you in deciding your next steps. The DUI lawyers at Future First Criminal Law will work diligently to secure the best possible outcome for your case. Contact us today for a free phone consultation.
Standard DUI
(BAC higher than .08%)
1st Offense
- Jail Time Days: 1+
- Home Detention Days: After 1 Day Served
- License Suspension: 90 Days – 1 Year
- Penalties and Fines: $1,500+
- Ignition Interlock Device: 6 Months
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
2nd Offense
- Jail Time Days: 6+
- Home Detention Days: 24+
- License Revocation: 1 Year
- Penalties and Fines: $3,500+
- Ignition Interlock Device: 1 Year
- Community Service Hours: 30+
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
3rd Offense
- Prison Time Days: 120+
- Home Detention Days: Not Available
- Supervised Probation: 5+ Years
- License Revocation: 3 Years
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
Extreme DUI
(BAC higher than .15%)
1st Offense
- Jail Time Days: 2+
- Home Detention Days: 7+
- License Suspension: 90 Days – 1 Year
- Penalties and Fines: $3,000+
- Ignition Interlock Device: 1 Year
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
2nd Offense
- Jail Time Days: 24+
- Home Detention Days: 36+
- License Revocation: 1 Year
- Penalties and Fines: $4,000+
- Ignition Interlock Device: 1 Year+
- Community Service Hours: 30+
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
3rd Offense
- Prison Time Days: 120+
- Home Detention Days: Not Available
- Supervised Probation: 5+ Years
- License Revocation: 3 Years
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- 8 Points on License
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
Super Extreme DUI
(BAC higher than .20%)
1st Offense
- Jail Time Days: 3+
- Home Detention Days: 11+
- License Suspension: 90 Days – 1 Year
- Penalties and Fines: $3,500+
- Ignition Interlock Device: 1+ Years
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
2nd Offense
- Jail Time Days: 36+
- Home Detention Days: 54+
- License Revocation: 1 Year
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- Community Service Hours: 30+
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
3rd Offense
- Prison Time Days: 120+
- Home Detention Days: Not Available
- Supervised Probation: 5+ Years
- License Revocation: 3 Years
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
Aggravated DUI Felony
(Class 4 & Class 6 Felony)
Penalties
- Prison Time Days: 120+
- Supervised Probation: 5+ Years
- License Suspension/Revocation: 1-3 Years
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- 8 Points on License
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
Class 4 Felony
- Driving on a Invalid License (Suspended, Revoked, Cancelled)
- Driving Without Ignition Interlock When Required
- Two+ DUI Convictions Within the Past Seven Years
- Driving the Wrong Way
Class 6 Felony
- Driving with a Minor 15 Years Old or Younger in the Vehicle
For more comprehensive information, please visit the Arizona Governor’s Office of Highway Safety website, which provides detailed insights into Arizona DUI laws and regulations.