Arizona DUI Laws Penalties And Fines
Arizona Driving Under the Influence (DUI) Laws
Note: Arizona DUI penalties will vary depending on a First, Second or Third Arizona DUI Conviction.
Definition of Intoxication:
Under Arizona Penal Code §49.01(2), Driving Under the Influence may be proved three different ways:
1. Proving a driver was “impaired to the slightest degree” as the result of using “intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance,” a combination of two or more of those substances, or any other substance;
2. Proving a driver had a blood alcohol concentration (BAC) of 0.08 or greater (or 0.04, for CDL drivers) gives rise to a legal presumption that the driver was impaired. Arizona drivers under age 21 are DUI if they have ANY detectable BAC (The cutoff point for testing purposes is a BAC of 0.02 or greater); or
3. Proving a driver had any amount of a controlled substance in his bloodstream, unless it was a drug prescribed and being used as prescribed by a doctor (this is an unusual exception, not common in other states, because many drugs can cause a driver to be impaired, even when used as prescribed).
Summary of Illegal BAC (Blood Alcohol Content) Levels in Arizona:
• Adult Driver - DUI with BAC of 0.08 or higher.
• Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher.
• Under 21 Driver – DUI with ANY detectable BAC
When Can I Drive, if I’ve Been Drinking?
The best way to avoid DUI in Arizona is to have someone else drive, if you’ve been drinking. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
For one adult over 180 pounds, achieving a 0.08 BAC might require up to four drinks in an hour, but for another, it could take much less alcohol, because many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if you don’t have normal use of mental or physical faculties. This can occur in many people at a much lower BAC than 0.08.
Consequences of DUI Offense in Arizona.
Serious results accompany drunk driving convictions in Arizona. Repeat offenders are punished more severely.
Also, even if this is your first conviction for drunk driving in Arizona, prior felony convictions of any kind, along with other factors, can push your punishment toward the high end of the ranges allowed under Arizona DUI law.
