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Where Is Arizona On The List Of Worst States For Drunk Driving?

In Arizona, most people are aware of the strict penalties in place following a DUI conviction. Here, being convicted of DUI means mandatory jail time, fines, driver’s license restrictions, and other penalties meant to discourage future risky behavior. Even with the threat of such strict penalties, many drivers still get behind the wheel while intoxicated, get pulled over and arrested, or cause accidents resulting in property damage and physical injury. So how does Arizona compare to other states, which often don’t have as strict DUI laws? Read on to learn more about where Arizona ranks on the list of states that are worst for drunk driving. If you’ve been charged with DUI in Arizona, learn more about your rights with your free consultation with our firm at 480-470-1504.

Arizona’s Ranking On The Worst States For DUI List

Drunk driving is a serious issue that causes thousands of preventable deaths each year. In 2024, there were 5,520 car crashes attributed to drunk driving, costing the state $4,028,884,631. These crashes also resulted in 347 lives being lost across the state. Even with all that damage, Arizona only ranks 15th in the country for the worst states for drunk driving. Two of the factors placing Arizona in this spot are 5.02 drunk drivers involved in fatal crashes per 100,000 licensed drivers, and 4.19 people killed by drunk drivers per 100,000 residents.

Montana is considered the worst state in the nation for drunk driving based on six metrics, including drunk driving deaths per 100,000 state residents, number of DUI arrests per 100,000 licensed drivers, and what percentage of drivers report having witnessed a friend or family member drive while intoxicated. Montana has the highest rate of underage drunk drivers involved in fatal crashes at 1.17 per 100,000 licensed drivers. Approximately 43% of traffic deaths in Montana are caused by drunk drivers, which is also the highest in the nation. The other top 5 states for drunk driving, in order, are South Dakota, Texas, Wyoming, and North Dakota.

Drunk Driving Penalties In Arizona

Arizona is famous for being one of the strictest states when it comes to penalizing defendants convicted of driving under the influence. There are a wide variety of penalties that the judge can order upon a DUI defendant, and they can be more severe if the driver was arrested with a particularly high BAC, has previous DUI convictions, etc. Some of the negative ramifications a defendant convicted of DUI in Arizona can expect are:

Mandatory jail time starting at one day for a first-time conviction
Fines of several thousand dollars
Driver’s license suspension or revocation, lasting months or years, which comes with fees upon license reinstatement
Required installation of an Ignition Interlock Device, or IID, upon return of driving privileges (comes with fees for installation, maintenance, etc.)
Court-ordered community service, typically a minimum of 30 hours
Required high-risk auto insurance coverage upon return of driving privileges, which can often increase premiums by double or more
Court-ordered traffic school, plus course fees
Potential restitution paid to victims for physical injury or property damage

Legal Strategies For Defendants Charged With DUI

A defendant should begin working on legal strategies for their case as soon as possible after being arrested for DUI. This starts by carefully reviewing the details of the night of the arrest, even if this can be difficult due to a hazy memory. One common legal strategy among DUI defendants is showing that the police lacked a lawful cause to pull over the driver. The legal standard here is reasonable suspicion. Unfortunately, there are a wide variety of factors that can give a police officer reasonable suspicion to pull over a driver to investigate them for driving under the influence. Swerving, speeding even slightly, rolling through a stop sign, forgetting to use turn signals or headlights, etc., can all give a police officer sufficient reasonable suspicion for a DUI stop. Once the driver has been pulled over, the police must have probable cause to arrest the driver for DUI. But in Arizona, a driver can lose their license for a year for saying no to a breathalyzer test, thanks to a legal theory known as “implied consent.” Saying no to a breathalyzer is hardly a get-out-of-jail-free card, and a BAC reading meeting the standards below can result in a DUI arrest. But if the defendant can prove the police lacked either of these legal standards in the DUI stop and arrest, certain evidence against the defendant could be excluded, or the charges could be dismissed.

Sometimes, the evidence against a defendant is too strong to get charges dismissed, and there is a high risk of harsh penalties if the prosecutor obtains a guilty verdict at trial. An experienced criminal defender in Arizona can negotiate a plea bargain with the prosecution to set a limit to the penalties issued upon the defendant. For example, if you were facing up to six months in jail if your case goes to trial, would you proceed or accept a deal that sent you to jail for three weeks? This is a broad example of what can be done with a plea agreement. For more information about how a criminal defense attorney can help you with these legal strategies, and many more, in your Arizona DUI case, call 480-470-1504 for your free consultation.

Arizona’s Blood Alcohol Content Classifications For DUI

Blood Alcohol Content, or BAC, is the standard used to measure alcohol intoxication for DUI purposes. Every state can select its own BAC measure as the legal limit while operating a motor vehicle. Arizona has limits on the low end as compared to some other states. The BAC legal limits in Arizona for DUI are as follows:

BAC below 0.04: Sober
BAC of 0.04 to 0.05: Sober for commuter, intoxicated for commercial
BAC of 0.05 to 0.08: Intoxicated for commercial, potential for DUI- impaired to the slightest degree for commuter (based on police officer’s discretion)
BAC of 0.08 to 0.15: DUI
BAC of 0.15 to 0.20: Extreme DUI
BAC of 0.20 and higher: Super Extreme DUI

DUI Attorneys Assisting Clients In Phoenix & Tucson

What happens during a DUI case can affect the course of the rest of your life. If you can’t get the charges against you reduced or dismissed, you are at risk of mandatory jail time in Arizona. A skilled lawyer in Arizona can analyze your situation for weaknesses in the prosecution’s case against you. There are a number of strategies a DUI attorney can use to help their client mitigate the negative effects of an arrest and/or conviction. This can end up saving you far more than the cost of hiring a private DUI defender. This is especially true if you have a criminal record, have been charged with Extreme or Super Extreme DUI, and more. Don’t let a DUI arrest in Arizona take over your life. If you aren’t happy with your public defender or want to skip that step altogether, our firm offers free phone consultations with no risk or obligation. Schedule your free consultation with a skilled criminal defender from My AZ Lawyers today at 480-470-1504 for more information.