Arizona DUI Laws Overview
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Facing a DUI charge in Arizona can be confusing and overwhelming, given the state’s strict laws and various classifications of offenses. Understanding the differences between each type of DUI is crucial for anyone navigating this legal landscape.
At Guardian Law Group, we’re here to help you make sense of it all. Led by Attorney Christian Lueders, our team specializes in DUI defense. Christian’s experience as a former felony prosecutor gives him unique insights into the legal system, allowing us to provide effective representation for our clients.
This overview will introduce you to the different types of DUI charges in Arizona, guiding you toward more detailed information based on your specific situation.
Our Case Process
Arrest and Initial Appearance
Whether in a pre-charge stage, or if you have already been arrested, this is when you need a free consultation with our legal team. Ask for your lawyer.
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During your free consultation, our legal team will evaluate your entire case and come up with the best defense strategy and potential outcome for you.
Pre-Trial & Motions
In the pre-trial phase, we gather all evidence during discovery, and pre-trial motions are filed to address legal issues or suppress evidence.
Trial, Verdict & Appeals
Our case is presented in court before a judge or jury. This is where our attorneys fight for you the hardest and stop at nothing to get the best outcome.
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Misdemeanor DUI to the Slightest Degree | ARS 28-1381 (A)(1) and ARS 28-1381 (A)(2)
A Misdemeanor DUI to the Slightest Degree occurs when a person is driving or in actual physical control of a vehicle while impaired to any degree by alcohol or drugs, even if their Blood Alcohol Concentration (BAC) is below 0.08%. Under ARS 28-1381 (A)(1), impairment to the slightest degree is enough for a DUI charge.
Key Points
- BAC Level: Any level, even below 0.08%.
- Impairment: Based on officer observations and field sobriety tests.
- Penalties: May include jail time, fines, license suspension, and ignition interlock device installation.
Extreme DUI | ARS 28-1382 (A)(1)
An Extreme DUI is charged when a driver’s BAC is 0.15% or higher but less than 0.20% within two hours of driving, according to ARS 28-1382 (A)(1).
Key Points
- BAC Level: 0.15% to 0.199%.
- Penalties: Harsher than standard DUI, including longer jail time, higher fines, and extended ignition interlock requirements.
- Consequences: Can significantly impact personal and professional life.
Super Extreme DUI | ARS 28-1382 (A)(2)
A Super Extreme DUI applies when a driver’s BAC is 0.20% or higher within two hours of driving, as defined by ARS 28-1382 (A)(2).
Key Points
- BAC Level: 0.20% and above.
- Penalties: Even more severe, with longer mandatory jail sentences, higher fines, and extended ignition interlock periods.
- Impact: Can lead to substantial personal, financial, and legal consequences.
Felony Aggravated DUI | ARS 28-1383
A Felony Aggravated DUI is a more serious charge that can occur under several circumstances outlined in ARS 28-1383:
- Driving under the influence with a suspended, canceled, revoked, or refused license.
- Third DUI offense within 84 months.
- Driving under the influence with a person under 15 years old in the vehicle.
- Driving the wrong way on a highway while impaired.
- Required to use an ignition interlock device and driving without it while impaired.
Key Points
- Classification: Felony offense.
- Penalties: Includes prison time, substantial fines, lengthy license revocation, and more.
- Long-Term Effects: A felony conviction can affect employment, voting rights, and firearm ownership.
Marijuana DUI (THC Present) | ARS 28-1381 (A)(3)
A Marijuana DUI charge applies when a driver is found to have any amount of marijuana or its metabolites (THC) in their system while in control of a vehicle, under ARS 28-1381 (A)(3).
Key Points
- No BAC Equivalent: Unlike alcohol, there’s no specific limit for THC.
- Medical Marijuana Users: Even cardholders can be charged if impaired.
- Defense Challenges: roving actual impairment can be complex.
DUI on Prescription Drugs
Driving under the influence isn’t limited to alcohol or illegal drugs. DUI on Prescription Drugs occurs when legally prescribed medications impair a person’s ability to drive safely.
Key Points
- Common Medications: Painkillers, sleep aids, anti-anxiety drugs.
- Legal Prescription: Having a prescription is not a defense if impaired.
- Awareness: Understanding medication side effects is crucial.
DUI with Commercial Driver's License (CDL) | ARS 28-1381 (A)(4)
A DUI with a Commercial Driver’s License (CDL) has stricter standards. Under ARS 28-1381 (A)(4), a CDL holder can be charged with a DUI if their BAC is 0.04% or higher while operating a commercial vehicle.
Key Points
- Lower BAC Threshold: 0.04% for commercial drivers.
- License Impact: May result in disqualification of CDL.
- Employment Consequences: Affects livelihood and future job prospects.
DUI Accident
A DUI Accident involves driving under the influence and causing a traffic accident. The severity of charges depends on the extent of damage and injuries.
Key Points
- Increased Penalties: If injuries or fatalities occur, charges can escalate to felony levels.
- Restitution: May be required to pay for damages and medical expenses.
- Legal Complexity: Cases often involve both criminal and civil proceedings.
Wrong Way Driver / DUI Impaired
A Marijuana DUI charge applies when a driver is found to have any amount of marijuana or its metabolites (THC) in their system while in control of a vehicle, under ARS 28-1381 (A)(3).
Key Points
- No BAC Equivalent: Unlike alcohol, there’s no specific limit for THC.
- Medical Marijuana Users: Even cardholders can be charged if impaired.
- Defense Challenges: Proving actual impairment can be complex.
How Guardian Law Group Can Help
Arizona’s DUI laws are complex, with various classifications that carry different penalties and consequences. Whether you’re facing a Misdemeanor DUI to the Slightest Degree or a Felony Aggravated DUI, it’s essential to understand the charges and your legal options.
At Guardian Law Group, we’re here to provide clarity and support. Attorney Christian Lueders and our dedicated team are ready to help you navigate this challenging time.
Why Choose DUI Attorney Christian Lueders
- Extensive Experience: As a former felony prosecutor, Christian knows and understands the prosecution’s tactics, what to look for, and how to form the perfect defense.
- Personalized Defense: We tailor our strategies to your unique situation.
Dedicated Support: Our team is committed to guiding you through every step of the legal process.
Our Mission & Promise to You
Guardian Law Group is dedicated to providing exceptional legal representation to those facing criminal charges in Arizona. We take a personal approach, combining legal expertise with individual attention so you feel supported throughout the entire process.
If you or someone you care about is facing criminal charges in Arizona, you don’t have to go through it alone. Attorney Christian Lueders and the team at Guardian Law Group are commited to your freedom and ready to help.
Personalized Representation
We understand that every case is unique and tailor our approach accordingly.
Aggressive Defense
We’re relentless in defending your rights and pursuing the best possible outcome.
Keeping You Informed
We believe in keeping you updated at every stage so you can make confident decisions.
Your rights, freedom, and future are important. Let us put our experience and dedication to work for you.
- Phone: 602-888-8020
- Our Office Location: 3101 N Central Avenue, Suite 850 Phoenix, AZ 85012
- Free Confidential Consultation: Contact us to schedule a meeting to discuss your case in detail.