This past September the Arizona State Legislature passed probably the toughest DUI laws in the country.
As a result, if you are stopped by police and you have had something to drink it is important for you to
know what you may be facing if the officer conducts a DUI investigation following the stop. Remember,
when an officer stops you be courteous but be firm. Keep in mind that the officer is not just trying to
determine if you are ok to drive, the officer is also trying to build evidence to support a case for DUI.
At some point the officer will probably ask you to complete some tests called Field Sobriety Tests. This
includes looking at your eyes by moving a pen in front of your face back and forth a few times. Politely
tell the officer that you would like to consult an attorney before completing any of the tests, including
Horizontal Gaze Nystagmus (HGN), the eye test. Also inform the officer at this point that you would like to consult an attorney before
submitting to any chemical test he may want to administer to you including a PBT. If the officer asks you
any questions about how much you have had to drink or any questions at all related to your activities
that night tell the officer that you would like to remain silent and consult an attorney.
When you are given the opportunity to talk to a lawyer make sure to tell the officer you want to have your
conversation in private. These general rules are especially important given the current mandatory
minimums that apply to DUI offenses in Arizona:
In Arizona you can be charged with misdemeanor DUI if you drive and:
- Are impaired to the slightest degree by the consumption of alcohol; or
- Within two hours of driving your alcohol level is 0.08% or higher; or
- A sample of either urine or blood reveals the presence of drugs or their metabolites; or
- Within two hours of driving your alcohol level is 0.150% or higher.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
Minimum penalties for the misdemeanor offenses are:
First time conviction for being impaired to the slightest degree, alcohol level at or above 0.08%, or
having drugs or their metabolites in your urine or blood are:
- 10 days jail with all but 24 hours suspended upon successful completion of a substance abuse
screening program;
- $250 fine plus an 84% surcharge;
- $500 prison construction fund assessment and $500 DPS fund assessment;
- Jail incarceration costs;
- Possible community service; and
- Additional action from MVD including but not limited to a license suspension.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
Second time conviction for being impaired to the slightest degree, alcohol level at or above 0.08%, or
having drugs or their metabolites in your urine or blood are:
- 90 days jail with all but 60 days suspended upon successful completion of a substance abuse
screening program;
- $500 fine plus an 84% surcharge;
- $1,250 prison construction fund assessment and $1,250 DPS fund assessment;
- Jail incarceration costs;
- At least 30 hours of community service; and
- Additional action from MVD including a 1 year license revocation and ignition interlock
installation.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
First time conviction for driving with an alcohol level of 0.150% to 0.199%:
- 30 days jail with all but 10 days suspended upon successful completion of an alcohol screening
program;
- $250 fine plus an 84% surcharge;
- $1,000 prison construction assessment, $1,000 DPS fund assessment; and $250 DUI abatement
fund fee;
- Jail incarceration costs;
- Possible community service hours; and
- Additional action from MVD.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
Second time conviction for DUI if your alcohol level of 0.150% to 0.199%:
- 120 days jail with all but 60 days suspended upon successful completion of an alcohol screening
program;
- $500 fine plus an 84% surcharge;
- $1,250 prison construction assessment, $1,250 DPS fund assessment, and $250 DUI abatement
fund fee;
- Jail incarceration costs;
- At least 30 hours of community service hours; and
- Additional action from MVD including a 1 year license revocation and ignition interlock
installation requirement.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
First time conviction for driving with an alcohol level of 0.200% or higher:
- 45 days jail;
- $500 fine plus an 84% surcharge;
- $1,000 prison construction assessment, $1,000 DPS fund assessment, and $250 DUI abatement
fund fee;
- Jail incarceration costs;
- Possible community service hours; and
- Additional action from MVD.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
Second time conviction for DUI if your alcohol level is 0.200% or higher:
- 180 days jail with all but 90 days suspended upon successful completion of an alcohol screening
program;
- $1,000 fine plus an 84% surcharge;
- $1,250 prison fund assessment, $1,250 DPS fund assessment, and $250 DUI abatement fee;
- Jail incarceration costs;
- At least 30 hours of community service;
- Additional action from MVD including a 1 year license revocation and ignition interlock
requirement.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
In Arizona you can be charged with felony DUI if you drive, commit any of the misdemeanor offenses,
and:
- Your license or privilege to drive is suspended, revoked, canceled, refused, or restricted in any
state; or
- The current DUI represents your third DUI in 7 years; or
- You have a child under the age of 15 in the car whether you know that the child is under 15 or
not; or
- The vehicle you are driving does not have an ignition interlock device installed as required by
MVD.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
In addition, it is a felony to be driving a vehicle without an ignition interlock installed as required by
MVD and to refuse an officer's request to submit to a chemical test.
Minimum terms for a felony DUI conviction may include:
- 4 months at the Arizona Department of Corrections;
- Up to ten years of supervised probation;
- 3 year license revocation;
- Ignition Interlock device installation; and
- $250 DUI abatement assessment, $750 fine plus 84% surcharge, $1,250 prison construction
assessment fee, and $1,250 DPS general fund assessment fee.
- Installation of an Ignition Interlock Device
- Mandatory Alcohol Screening and Counseling
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