First Time DUI in Arizona

Arizona takes drunk driving very seriously, enforcing some of the toughest DUI laws in the nation. Under ARS 28-1381, it is illegal to operate a vehicle if you are:

• Impaired to the slightest degree by alcohol or drugs.
• Have a Blood Alcohol Concentration (BAC) of 0.08% or higher within two hours of driving.
• Operating a commercial vehicle with a BAC of 0.04% or higher.

Impaired to the slightest degree means that any impairment, no matter how minimal, can result in a DUI charge. This zero-tolerance approach reflects the state’s commitment to road safety.

Recent DUI Statistics

According to the Arizona Governor’s Office of Highway Safety, there were over 27,000 DUI arrests in Arizona in 20221. Law enforcement agencies conduct regular DUI checkpoints and patrols, especially during holidays and events, to deter and catch impaired drivers. These efforts highlight the importance of understanding DUI laws and the potential consequences of a charge.

A first time DUI offense in Arizona carries significant penalties that can impact various aspects of your life. These penalties are mandated by law and are designed to discourage driving under the influence.

Penalties Overview

• Jail Time: Mandatory minimum of 10 consecutive days in jail.
• Fines and Fees: At least $1,250 in fines, assessments, and surcharges.
• License Suspension: 90-day suspension of driving privileges.
• Ignition Interlock Device: Installation of a certified ignition interlock device on any vehicle you operate for 12 months.
• Alcohol Education: Completion of alcohol screening, education, or treatment programs.
• Community Service: Possible requirement to perform community service.

Penalties and Fines Table

Here is a detailed breakdown of the penalties and fines for a first time DUI under ARS 28-1381:

* The court may suspend 9 days of jail time if you complete court-ordered alcohol education and screening.

Being charged with a DUI doesn’t automatically lead to a conviction. With the right legal strategy, it’s possible to challenge the charges and potentially get your DUI dismissed. Let’s explore how specific defense tactics can make a difference, explained through a fictional scenario.

Example Scenario: Emily’s Story

Emily, a thirty-year-old school teacher, was driving home after a colleague’s farewell party. She had two glasses of wine over several hours. On her way home, she was pulled over at a DUI checkpoint. After performing field sobriety tests and a breathalyzer test showing a BAC of 0.09%, she was arrested and charged with a first-time DUI under ARS 28-1381.

Defense Tactics Used

1. Invalid Traffic Stop
• Issue: The legality of the checkpoint.
• Defense Strategy: Emily’s attorney investigated the checkpoint’s compliance with legal standards. It was found that the checkpoint was not properly authorized and lacked necessary signage.
• Outcome: Evidence obtained during the stop was challenged as inadmissible due to the improper checkpoint setup.

2. Faulty Breathalyzer Test
• Issue: Accuracy of the BAC reading.
• Defense Strategy: The attorney requested maintenance records of the breathalyzer device and the officer’s certification. The records revealed that the device was overdue for calibration.
• Outcome: The BAC reading was deemed unreliable and was excluded from the evidence.

3. Improper Field Sobriety Tests
• Issue: Administration of the tests.
• Defense Strategy: Video evidence showed that the tests were conducted on uneven ground, and Emily was wearing heels, which could affect balance.
• Outcome: The results of the field sobriety tests were questioned, weakening the prosecution’s case.

4. Violation of Miranda Rights
• Issue: Failure to inform Emily of her rights.
• Defense Strategy: Emily was not read her Miranda rights before being questioned at the station.
• Outcome: Any statements she made during interrogation were suppressed.

5. Medical Condition
• Issue: Possible medical explanations for signs of impairment.
• Defense Strategy: Emily’s attorney presented medical records showing she has a condition that can cause nystagmus (involuntary eye movement), which can be mistaken for impairment.
• Outcome: Further cast doubt on the officer’s observations.

Resulting in DUI Dismissed

By systematically challenging the prosecution’s evidence, Emily’s Phoenix DUI attorney created reasonable doubt. The cumulative effect of these defense tactics led to her DUI dismissed, allowing her to avoid the severe penalties associated with a conviction.

Understanding the distinctions between different DUI classifications in Arizona is essential as penalties increase with higher BAC levels.

Regular DUI

• BAC: 0.08% to 0.149%
• Classification: Class 1 misdemeanor
• Penalties: As outlined above, for a first time DUI

Extreme DUI

• BAC: 0.15% to 0.199%
• Penalties:
• Jail Time: Minimum 30 consecutive days
• Fines and Fees: At least $2,500
• Ignition Interlock Device: Longer installation period
• License Suspension: 90 days

Super Extreme DUI

• BAC: 0.20% and above
• Penalties:
• Jail Time: Minimum 45 consecutive days
• Fines and Fees: At least $3,250
• Ignition Interlock Device: Extended installation period
• License Suspension: One year

Higher BAC levels lead to more severe consequences, emphasizing the importance of responsible driving and understanding Arizona DUI laws.

A first time misdemeanor DUI in Arizona is a serious matter with potentially life-changing consequences. Understanding Arizona DUI laws, the penalties under ARS 28-1381, and your defense options is crucial. With the right legal representation, you can protect your rights and work towards a favorable resolution.

Guardian Law Group is here to support you every step of the way. Led by Attorney Christian Lueders, our team is dedicated to providing skilled and compassionate legal assistance..

Why Choose Attorney Christian Lueders

• Experience: As a former felony prosecutor, Christian understands both sides of the courtroom.
• Personalized Approach: We tailor our defense strategies to your unique situation.
• Proven Results: Our goal is to achieve the best possible outcome, whether that’s getting your DUI dismissed or minimizing penalties.
• Client Support: We keep you informed and involved throughout the process.