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Arizona DUI Laws
If you are stopped for driving under the influence in Arizona and a test shows an alcohol concentration of 0.08% or higher (0.04% for commercial drivers), or if a test result is unavailable, your driving privileges will be immediately suspended. Additionally, you must complete an alcohol or drug screening before obtaining a restricted permit or reinstating your driving privileges [1].
You may be found guilty of driving while intoxicated or while under the influence of any drug or its metabolite even though the blood alcohol concentration was less than 0.08 percent. If you are under 21, your license may be suspended if there is any alcohol concentration
Repeated DUI offenses lead to severe consequences. For a second or third DUI, your driving privileges will be automatically revoked. As of September 29, 2021, per House Bill 2187, the MVD will revoke your license for three years if you have at least one aggravated DUI conviction in combination with other DUI convictions.
DUI Penalties
- First Offense: Minimum 10 days jail, $1,250 fine, alcohol screening/education/treatment, ignition interlock device installation, and community service.
- Second and Subsequent Offenses: Minimum 90 days jail, $3,000 fine, 12-month license revocation, alcohol screening/education/treatment, ignition interlock device installation, and community service.
Extreme DUI (BAC 0.15% or Higher)
- First Offense: Minimum 30 days jail, $2,500 fine, alcohol screening/education/treatment, ignition interlock device installation, and community service.
- Second and Subsequent Offenses: Minimum 120 days jail, $3,250 fine, 12-month license revocation, alcohol screening/education/treatment, ignition interlock device installation, and community service.
Aggravated DUI
This applies to DUI while driving with a suspended/revoked license, committing a third DUI within 84 months, driving with a minor under 15 in the vehicle, or violating an ignition interlock requirement. Penalties include up to two years in prison, one-year license revocation, alcohol screening/education/treatment, ignition interlock device installation, and community service.
Certified Ignition Interlock Device
A certified ignition interlock device is a breathalyzer connected to the vehicle’s ignition. The driver must blow into the device before starting the vehicle; if the BAC is above the preset limit, the vehicle will not start. Random retests are required while driving.
Common DUI Defenses in Arizona
- No Reasonable Suspicion to Stop: In Arizona, police must have reasonable suspicion to conduct a traffic stop. Officers cannot pull you over simply because of your race or because you just left a bar. This defense often leads to charges being dismissed if the stop was illegal [2].
- No Actual Physical Control: The prosecution must show that you were actually controlling the vehicle. Arizona law considers whether you were merely using the vehicle for shelter, especially if the engine was only running for heating or cooling and you were not driving.
- Inability to Establish Time of Driving: If there is no clear evidence of when you were driving, such as in a single-car accident or when found sleeping in your car, this can challenge the validity of any blood or breath tests taken later.
- No Witness to Driving: When there is no witness to testify that you were driving, such as in a single-vehicle accident, this defense can be crucial, especially when combined with the inability to establish the time of driving.
- Corpus Delicti Defense: Without physical evidence that you were driving, such as injuries or witness statements, your own admission is not enough to convict you of DUI under Arizona law.
- Improperly Administered Field Sobriety Tests: Field sobriety tests must be administered correctly. Tests given on uneven surfaces, or to individuals with certain physical conditions or footwear, can be invalidated.
- No Probable Cause for Arrest: Police need probable cause to make an arrest. If they only rely on the smell of alcohol or bloodshot eyes without conducting proper tests, this defense can be used to dismiss charges.
- No Miranda Rights Given: Police must read your Miranda rights before questioning you. If they fail to do so, any statements you make may be inadmissible in court.
- Denial of Right to Counsel: If you request to speak with an attorney and are not allowed a private call, this violation of your rights can lead to the dismissal of evidence.
- Flawed Breath Test Administration: Breath tests must follow strict protocols. Issues like improper calibration, coercion, or failure to observe a deprivation period can invalidate results.
- Breath Test Machine Errors: Breathalyzer machines must be calibrated and tested regularly. Any errors in this process can lead to the suppression of test results.
- Disconnect Defense: A high breath test reading that does not match physical signs of intoxication (e.g., performing well on field sobriety tests) can indicate a flawed test.
- Physical/Dietary Issues Affecting Breath Tests: Conditions like diabetes or ketosis can affect breathalyzer results, providing a defense against DUI charges.
- Improper Blood Draw: Blood tests must follow strict procedures. Any deviations, such as using alcohol-based sanitizers or improper storage, can lead to suppression of results.
- Denial of Independent Blood Test: Police must inform you of your right to an independent blood test. Failing to do so can result in dismissal of the DUI case.
- Flawed Police Reports: Inaccurate or misleading police reports, especially when contradicted by body-cam footage, can be challenged to weaken the prosecution’s case.
- DUI Drug Defenses: If you have a prescription for a medication, the prosecution must prove it impaired your ability to drive. Properly taken medication often does not meet this standard.
- Involuntary Intoxication: If you were unknowingly given alcohol or drugs, such as being slipped a “mickey” or “roofie,” this can serve as a defense against DUI charges.
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References:
1. https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui
2. https://dmcantor.com/the-20-best-dui-defenses-in-arizona