Arizona DUI Laws Overview

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.

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.

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.
  

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.

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.
  

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.

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.

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.

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.

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.