Standard DUI
A.R.S. § 28-1381 — Driving Under the Influence
Arizona’s standard DUI statute, A.R.S. § 28-1381, makes it unlawful to drive or be in actual physical control of a vehicle while impaired to the slightest degree by alcohol, drugs, or any combination thereof. A person can also be charged if their blood alcohol concentration is 0.08% or higher within two hours of driving.
Impaired to the Slightest Degree
Arizona is unique in that a person can be charged with DUI even with a BAC below 0.08% if the prosecution can prove that the person’s ability to drive was impaired to the slightest degree. This standard makes Arizona’s DUI law one of the strictest in the country.
Penalties — First Offense
- Minimum 10 consecutive days in jail (9 may be suspended with conditions)
- Fines and assessments totaling approximately $1,500 or more
- Alcohol screening and treatment
- Installation of a certified ignition interlock device
- 90-day license suspension
Penalties — Second Offense Within 84 Months
- Minimum 90 days in jail (at least 30 consecutive)
- One-year license revocation
- Community service
- Increased fines and mandatory treatment
Defenses
Defenses include challenging the legality of the traffic stop, disputing the reliability of breath or blood test results, questioning the administration of field sobriety tests, and arguing that the defendant was not in actual physical control of the vehicle.