Arizona's DUI laws have some of the highest fees and harshest penalties in the nation. A Tucson driver was sentenced to prison and paid more than $1,000 in fines for his first DUI offense. Aggravated DUI carries additional penalties that can be stacked with fines and penalties already received for DUI or aggravated DUI.

Even if you are not in the car, you can be arrested for DUI in Arizona if your blood alcohol level exceeds .08 within two hours of driving. Keep reading to find out how Arizona DUI laws can affect your case. However, please consult an attorney for professional advice before proceeding.

Legal Blood Alcohol Concentration (BAC) in Arizona

The state considers drivers in Tucson with a blood alcohol concentration (BAC) of 0.08 or higher to be driving under the influence. If driving a commercial vehicle, the BAC cannot exceed 0.04.

Arizona DUI laws distinguish between normal DUI (0.08 or higher) and extremely DUI.

• extreme drunk driving: If BAC is over 0.15 but less than 0.20
• super extreme drunk driving: If BAC is 0.20 or higher

Arizona has enacted a “Not A Drop” law for underage drivers. You may hear it referred to as “childish drunk driving.” This means that if a driver under the age of 21 is caught with a BAC above 0.00, they will be charged with DUI.

Arizona Implied Consent Law

When you apply for an Arizona driver's license and drive within the state, you automatically consent to an alcohol or drug concentration test. This is known as implied consent. Implied consent laws also apply if you are unconscious, deceased, or otherwise unable to refuse or consent to the test.

You still have the right to refuse, but you will lose your license for up to a year and cannot have it reinstated until you complete some form of alcohol or drug testing. If you refuse, an implied consent affidavit will be issued with the same penalties and fines as a DUI charge.

A Tucson DUI lawyer can help you better understand your rights under Arizona's implied consent law and determine whether your BAC test results were obtained illegally.

Arizona DUI Penalties

Penalties for drunk driving in Arizona are severe. A first violation requires the installation of an ignition interlock device (IID).

• First offense, BAC 0.08 or higher:
  • $1,250 fine
  • Imprisonment for at least 10 days
  • 1 year license suspension and 6 months IID
• Second and third offenses, BAC 0.08 or higher:
  • $3,000 fine
  • 90 days imprisonment
  • License revocation and 12-month IID
  • 30 hours of community service
• Extreme DUI, first offense, BAC 0.15 or higher.
  • $2,500 fine
  • imprisonment for 30 consecutive days
  • License revocation and 12-month IID
  • 30-day drug and alcohol test
• Extreme DUI, 2nd and 3rd offenses, BAC greater than .15:
  • $3,250
  • 120 consecutive days in prison
  • License revocation and 12-month IID
  • 30 hours of community service
  • 90-day drug and alcohol screening
• Super Extreme DUI, first offense, BAC 0.20 or higher:
  • up to $3,170
  • 45 consecutive days of imprisonment
  • License revocation and 12-month IID
  • 30-day drug and alcohol test
• Extreme DUI, 2nd and 3rd offense, BAC 0.20 or higher:
  • up to $4,590
  • Imprisonment for 90 to 180 consecutive days
  • 2 year license revocation and IID
  • 30 hours of community service
  • 90-day drug and alcohol screening
• Aggravated DUI, 2nd or 3rd offense, BAC 0.08 or higher
  • up to $4,000
  • 2 years or more in prison
  • License revocation and IID for 12 months, up to 24 months
  • Up to 240 days of drug and alcohol screening
  • Traffic survival school compulsory course

Also, if you commit a DUI again within 84 months of your previous charge, or if you drive while intoxicated with a revoked or suspended license, or if you drive while intoxicated with someone under 15 years of age, you will be sentenced to 2 more years in prison. You could face a felony charge with years added on and all fines increased. vehicle.

What to Expect After Being Arrested for DUI in Arizona

No matter what happens when you get hit by a DUI in Tucson, remember that you have the right to remain silent and you are not required to consent to a test. Refusing a breathalyzer test will not result in jail time, but your driving privileges may be suspended. Even if you surrender your license, a police officer may still detain you on suspicion of driving under the influence if there is evidence such as an open bottle in your vehicle. If detained, it is likely that they will spend at least one day in jail. The officer will likely take a blood sample at the station.

If they consent to the test and are found to have been drinking, they will be charged and spend at least one day in jail. Your citation will include the date, time, and location of your trial. The arresting officer will also hand you a pink piece of paper notifying you that your license has been suspended. To avoid losing your license within 15 days, hire an attorney to have your case heard as soon as possible.

If you are convicted of a DUI, you will be required to pay a fee, complete community service, and undergo a drug and alcohol test to have your driver's license reinstated.