Drunk Driving Laws

Drunk Driving laws are strict and penalties, include mandatory DUI punishments and sentencing.

Drunk driving laws are also referred in Arizona as “Driving Under the Influence (DUI)” or “Driving While Intoxicated (DWI). Both have consequences which will have a significant impact on your future and your freedom. Drunk Driving, DUI or DWI in Arizona is a serious criminal violation.

Types of Drunk Driving Charges under Arizona Law:

Like all criminal charges drunk driving charges in Arizona fall within two main categories:

1. Misdemeanor DUI; or
2. Felony DUI

I. Misdemeanor DUI Laws (cited in part) below:

1. DUI – Impaired to the Slightest Degree

A.R.S. 28-1381.A.1 Driving or actual physical control while under the influence;

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. DUI – 0.08 or Greater

28-1381.A.2 Driving or actual physical control while under the influence

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. DUI – Drugs

28-1381.A.3 Driving or actual physical control while under the influence

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

4. Extreme DUI - 0.15 or Greater – but less than 0.20

28-1382.A.1 Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20.

5. Super Extreme DUI - 0.20 or Greater

28-1382.A.2 Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

2. 0.20 or more. …”

II. Felony DUI Laws (cited in part) below:

28-1383.A.2 Aggravated driving or actual physical control while under the influence

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.

2. Aggravated DUI With Restricted Drivers’ License

28-1383.A.1 Aggravated driving or actual physical control while under the influence

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.

3. Aggravated DUI With Child in Vehicle

28-1383.A.3 Aggravated driving or actual physical control while under the influence

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

3. While a person under fifteen years of age is in the vehicle, commits a violation of either:

1. Section 28-1381.
2. Section 28-1382.

I. ARIZONA MISDEMEANOR DUI: It is illegal to DRIVE or be in ACTUAL PHYSICAL CONTROL of a motor vehicle in Arizona while:

1. BASIC DUI: Impaired to the slightest degree by alcohol or drugs.
2. COMMERCIAL DUI: Body alcohol content above 0.040 and driving a commercial vehicle.
3. MINOR DUI: Under 21 years old with any alcohol in system.
4. PER SE DUI: Body alcohol content above 0.080 within 2 hours of driving.
5. EXTREME DUI: Body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.
6. DRUGS DUI: An illegal drug OR its metabolite in your system (no impairment required).

II. ARIZONA FELONY DUI: It is a very serious felony in Arizona to commit any of the above misdemeanor DUI offenses while any of the following apply:

1. AGGRAVATED DUI PRIORS: You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest.
2. AGGRAVATED DUI RESTRICTED LICENSE: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.
3. AGGRAVATED DUI WITH CHILD IN VEHICLE: You have a child under 15 years old in the vehicle

If you face active a drunk driving charges in Maricopa County call now for your FREE Initial consultation!

By Contacting the Law Office of James Novak as soon as you have been charged or arrested for drunk driving in Arizona you will get a FREE consultation with experienced Arizona DUI defense lawyer James Novak. James Novak is a former Maricopa County DUI prosecutor with years of trial and defense experience. The Law office of James Novak provides 100% exclusive defense representation for DUI and criminal charges in Phoenix, Scottsdale, Chandler, Tempe, Mesa, and Gilbert Arizona.

**All Arizona Laws are subject to change. Also, every case has it’s own unique set of circumstances. The information in this content may or may not apply to your particular circumstances. For current and updated DUI laws or help surrounding your active DUI charges, contact the Law Office of James Novak for your initial consultation. Up to date information will be provided if your DUI charges are active in Maricopa County, you are in pre-trial phase, and you have not retained legal representation for your DUI charges.

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