What Is The Legal Limit For A DUI In Arizona?

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Facing DUI Penalties For Driving Under The Legal BAC Limits

Have you ever wondered about the legal limit for a DUI in Arizona? Have you recently been charged with a DUI? Do you need to know your options? If so, you should continue reading this article.

The legal limit for a DUI in Arizona is 0.08. That’s the law everyone knows, and it’s ingrained in our heads when we get behind the wheel of a car. But what does that mean? What makes this number the standard on which all other limits are based? That’s what our Tucson DUI attorney will explain below.

Legal Limit For A DUI In Arizona

DUI While Underage

The legal alcohol limit for anyone over the age of 21 is 0.08. But the 0.0 BAC restriction applies to children. According to Arizona Revised Statutes (ARS) 4-244, subsection 34, any amount of alcohol in a minor’s system can result in a DUI charge if they are detained. It doesn’t matter if the person was intoxicated when they were driving.

That’s because anyone under the age of 21 cannot drink alcohol. Charges of “minor in possession” may also be brought against minors with BACs higher than 0.0. (subsection 41 of ARS 4-244).

Drug DUI

DUI does not always imply drunk driving. You could be found guilty of DUI if you were driving while intoxicated by any kind of drug. In many situations, it makes no difference if you were under the legal drinking limit because alcohol is not a factor in the charge.

Law enforcement typically conducts drug metabolite testing when a suspected drug DUI occurs. This can be challenging since some medications’ metabolites can linger in your circulation for a very long time. One example is marijuana. In these situations, the officer will have to decide whether or not you were inebriated.

A Mesa DUI attorney is more than necessary in this case to avoid unfair charges. We suggest calling a lawyer on time.

Impaired To A Minor Degree

DUI offenses are subject to zero-tolerance enforcement in Arizona, as stated in ARS 28-1381. This policy includes the possibility of being detained for DUI even if your blood alcohol content is below the legal limit. The law states that being in “real physical control” of an automobile when under the effects of alcohol, drugs, vapors, or a combination of these substances is illegal if you are “impaired to the slightest degree.” This phrase makes sure that police can take the appropriate measures against someone who is intoxicated but does not have a high BAC.

Understanding The Zero-Tolerance Law

Arizona has a zero-tolerance policy, which means that even if your blood alcohol level is below the 0.08 legal limit for driving, an officer may still detain you if you exhibit signs of intoxication or impairment.

Although Arizona Revised Statute 28-1381 states that a BAC of 0.05 percent or less “may be presumed that the defendant was not under the influence of intoxicating liquor,” the zero-tolerance legislation is still in effect.

Since this is tricky legislation, contact a Phoenix DUI attorney ASAP if you find yourself in trouble when getting charged for DUI.

Different Types Of DUIs Charges

Depending on your BAC level and other variables, you could be charged with any of these forms of DUIs in Arizona:

DUI Standard, First Offense (0.08+)

10 days in prison.
$1,500 in fines plus detention fees and an additional $80 for monitoring.
Screening and counseling are required.
A 90-day suspension of driver’s license or one-year revocation.
12 months of an interlock device on the vehicle.
N/A for community service.

DUI Standard, Second Offense (0.08+)

90 days in prison (eligible for home detention).
$3,500 in fines plus jail/home detention fees and an $80 monitoring fee.
Screening and counseling are required.
One-year revocation of driver’s license.
12 months of an interlock device on the vehicle.
30 hours of community service.

DUI Extreme, First Offense (0.15+)

30 days in prison (eligible for home detention).
$2,780 in fines, plus jail/home detention costs and an extra fee for monitoring ($80).
Screening and counseling are required.
90-day suspension of driver’s license.
12-months interlock.
N/A for community service.

Keep in mind that you’re eligible for home prison only after 2 days. You can contact your Gilbert DUI attorney for more help.

DUI Extreme, Second Offense (0.15+)

120 days in prison (eligible for home detention).
$3,740 in fines, plus jail/home detention costs and an extra fee for monitoring ($80).
Screening and counseling are required.
One-year revocation of driver’s license.
12-month interlock.
30 hours of community service.

DUI Super Extreme, First Offense (0.20+)

45 days in prison (eligible for home detention).
$3,240 in fines, plus jail/home detention costs and an extra $80 fee for monitoring.
Screening and counseling are necessary.
90-day suspension of driver’s license.
18-months interlock.
N/A for community service.

DUI Super Extreme, Second Offense (0.20+)

180 days in prison (eligible for home detention).
$4,650 in fines, plus jail/home detention costs and an extra $80 fee for monitoring.
Screening and counseling are necessary.
One-year revocation of driver’s license.
24-months interlock.
30 months of community service.

Common Charges Accompanying DUI

Many defendants arrested for DUI in Arizona are charged with numerous other offenses stemming from the same arrest. Some of the most common include:

Child endangerment
Reckless driving
Vehicular assault
Open container violation
Driving on a suspended license, without insurance, etc.
Possession of drugs or paraphernalia

Different Types Of DUI Charges

If you are facing DUI penalties for impairment while under the legal alcohol limit, contact My AZ Lawyers right now to schedule a free consultation and receive proper defense. We’ll be ready to assert your rights!

Frequently Asked Questions

Do Arizona’s DUI Laws apply differently to me if I have a Commercial Driver’s License, or CDL?

DUI laws are written to place stricter limitations on CDL holders. When a CDL driver is operating a commercial vehicle, the legal limit is reduced to a BAC of 0.04. They can also face longer suspension of their CDL, and a second DUI will preclude them from the profession altogether.

Is a DUI a misdemeanor or a felony in Arizona?

Without an aggravated designation, a DUI- even an Extreme or Super Extreme DUI- is a misdemeanor in Arizona. Some of the factors that can cause a driver to be charged with felony DUI in Arizona include receiving 3 DUI’s in a 7-year period, driving the wrong way down a highway, and having a passenger under the age of 15 in the car at the time of the arrest.

What is Arizona’s discretionary legal limit?

In Arizona, like in many other states, a police officer is required to place a driver under arrest for DUI if they have exceeded the legal BAC limit of 0.08. But in Arizona, there is a discretionary legal limit of 0.05. Here, if a police officer breathalyzes a driver who has a BAC somewhere between 0.05 and 0.08, it will be up to the officer’s judgment whether to place the driver under arrest for DUI. When a driver is charged with this legal theory, it will be indicated as impaired to the slightest degree.

Should I refuse to submit to a breathalyzer test?

Refusing to take a breathalyzer test while driving in Arizona comes with serious consequences, even if it is later found that you were sober. Arizona is an implied consent state, meaning that by getting behind the wheel in Arizona, you implicitly agree to prove your sobriety if pulled over by law enforcement. Refusing to take that breathalyzer test will result in a one-year administrative suspension of your driver’s license by the MVD. If you are later convicted of DUI, this will be in addition to the other penalties the court orders.

Should I refuse to submit to field sobriety testing?

Agreeing to take field sobriety tests is a different story than a breathalyzer test. There is no statutory penalty for refusing to submit to field sobriety testing in Arizona. Examples of field sobriety tests include walking in a straight line, standing on one foot, and reciting the alphabet backwards. There are plenty of reasons that a driver could fail these tests besides intoxication, but might open up the door to a DUI arrest.

What if I am “sleeping it off” in my vehicle?

It isn’t unheard of for defendants in Arizona to be charged with DUI while asleep (and intoxicated) in their vehicles. Arizona’s DUI law makes it illegal “to be in actual physical control” of a vehicle while under the influence- it doesn’t specify that the person actually needs to be driving. When deciding if the person was in actual physical control in these types of cases, factors like where the defendant was sleeping, where the keys were, and if the vehicle was running or had its lights on will be relevant.