Understanding DUI Laws in Arizona

Driving under the influence (DUI) is one of the most common criminal charges in Arizona, and the state has some of the strictest DUI laws in the country. A regular DUI is defined as driving with a blood alcohol concentration (BAC) of 0.08% or higher, or being impaired to the slightest degree by alcohol or drugs, regardless of BAC. Arizona law is strict in its approach to DUIs, with harsh penalties that can impact your driving privileges, finances, and even your freedom.

In Arizona, DUI charges fall under A.R.S. § 28-1381, which governs driving under the influence of alcohol, drugs, or any other intoxicating substance. It’s important to understand that Arizona operates under a “zero-tolerance” policy for driving impairment, meaning you can be charged even if your BAC is below 0.08% if there is evidence of impairment. This makes it crucial for drivers to know their rights and the potential consequences of a DUI charge.

Penalties for a Regular DUI in Arizona

A regular DUI is typically classified as a Class 1 misdemeanor in Arizona, but the penalties can be severe, even for a first-time offense. Penalties for a DUI conviction can include:

• Jail Time: For a first-time DUI offense, the minimum jail time is 10 days, though 9 of those days may be suspended if you complete alcohol or drug screening and treatment. Repeat offenders face longer mandatory jail sentences.
• Fines and Fees: A first-time DUI conviction carries fines and fees that can total up to $1,500 or more, including assessments for court costs, public safety equipment, and more.
• License Suspension: After a DUI conviction, your driver’s license may be suspended for 90 days. In some cases, you may be eligible for a restricted license after serving part of your suspension period, allowing you to drive to work or treatment.
• Ignition Interlock Device (IID): Arizona requires that anyone convicted of a DUI install an ignition interlock device on their vehicle. For a first-time DUI offense, this device must be installed for 12 months, though this period can sometimes be reduced depending on the specifics of the case.
• Probation and Treatment Programs: In addition to fines and jail time, you may be required to attend mandatory alcohol education classes, undergo alcohol or drug screening, and complete a treatment program as part of your sentence.

Aggravating Factors That Can Increase DUI Penalties

While a regular DUI carries significant penalties, certain factors can lead to aggravated DUI charges and harsher penalties. If you are arrested for DUI under any of the following circumstances, your case may be classified as an aggravated DUI:

• DUI with a child under 15 in the vehicle: If you are found driving under the influence with a minor in the car, you could face an aggravated DUI charge, which is a felony.
• Driving on a suspended or revoked license: If you are charged with DUI while your driving privileges are suspended, revoked, or otherwise restricted, you could be facing a felony DUI charge.
• Multiple DUI convictions: Repeat offenders who have two or more DUI convictions within a seven-year period (84 months) face much harsher penalties, including longer jail sentences, larger fines, and more severe license suspensions.

Defending Against a DUI Charge in Arizona

If you are facing DUI charges in Arizona, it’s essential to have experienced legal representation. DUI cases often rely on complex evidence, including breathalyzer tests, blood tests, and field sobriety tests. At Sheldora Law, we take a detailed approach to DUI defense, examining every aspect of your case to find potential weaknesses in the prosecution’s evidence.

Common DUI defenses include:

• Challenging the Accuracy of Breathalyzer or Blood Test Results: Breathalyzers and blood tests are not infallible, and improper calibration, mishandling of evidence, or testing errors can lead to inaccurate results. We will review your test results to determine whether they were conducted properly.
• Unlawful Traffic Stop: Law enforcement must have reasonable suspicion to stop your vehicle. If you were pulled over without valid cause, any evidence obtained during the stop could be challenged and potentially dismissed.
• Field Sobriety Test Issues: Field sobriety tests can be subjective and unreliable. Factors like medical conditions, poor weather, or uneven terrain can affect test results, even when a driver is not impaired.

Why You Need Legal Representation for a DUI

A DUI conviction can have long-lasting consequences beyond jail time and fines. It can affect your employment, your insurance rates, and your personal life. At Sheldora Law, we understand the seriousness of DUI charges and are committed to providing strong, results-driven defense strategies to protect your rights and minimize the impact on your life.

Our legal team has extensive experience handling DUI cases in Arizona, and we know how to navigate the legal system effectively. From challenging evidence to negotiating plea deals or taking your case to trial, we will fight to achieve the best possible outcome for your situation.

Conclusion

Facing DUI charges in Arizona can be overwhelming, but with the right legal defense, you can protect your future and your driving privileges. At Sheldora Law, we are dedicated to providing strong legal representation for individuals facing DUI charges, ensuring that your rights are upheld and that you receive fair treatment in court.

If you or a loved one has been charged with a DUI, contact Sheldora Law today for a consultation. We’ll review your case, explain your options, and work with you to develop a defense strategy tailored to your needs.