Criminal DUI

There are a number of DUI and other criminal offenses which can be charged by the Maricopa County Attorneys Office, the Attorney Generals Office, various cities and municipalities, and the State of Arizona. Any criminal complaint or charge is very serious and in order to protect your constitutional rights you may want to consider legal representation. Contact Doyle Law Group if you have been charged with any crime.

DUI Offences

Arizona has some of the harshest DUI penalties in the country. All DUI offenses carry mandatory incarceration, installment of ignition interlock devices and drivers license suspension/revocation periods. Penalties for DUI offenses are imposed according to the driver's blood alcohol concentration (B.A.C.) and certain aggravating circumstances. Possible penalties are listed below.

Driving While Impaired to the Slightest Degree

It is unlawful for a person to drive or be in actual physical control of a vehicle in Arizona under any of the following circumstances; while under the influence of intoxicating liquor, any drug. [A.R.S. §28-1381(A)(1)] It is not necessary to be "drunk." A DUI arrest can include an officer's suspicion that the suspect's ability to drive is impaired. This can be based exclusively upon the suspect's driving behavior, physical appearance, verbal statements, and performance on the field sobriety tests. This DUI charge does not require proof of a chemical test or information regarding the suspect's blood alcohol content. The State is only required to prove that a person's ability to operate their vehicle was impaired "to the slightest degree." Possible penalties are listed below.

Driving With an Blood Alcohol Concentration of .08% or Above

It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .08% (or .04% if driving a commercial vehicle) or higher within two hours of driving or being in actual physical control of a motor vehicle. [A.R.S. §28-1381(A)(2)/(4)] The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control of the vehicle. Unlike the DUI charge, a DWI arrest requires the suspect take a blood, breath or urine test to determine the BAC. Possible penalties are listed below.

Driving While Under the Extreme Influence of Intoxicating Liquor

It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .15% or higher within two hours of driving or being in actual physical control. [A.R.S. §28-1382] The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control. Possible penalties are listed below.

Aggravated Felony DUI/DWI Driving While Under the Influence of Intoxicating Liquor

Offenses that include an Aggravated DUI under A.R.S. Section 28-1383, an Aggravated or Felony DUI is a DUI, and a DWI or Extreme DWI with any of the following circumstances:

1. The accused driver's license is suspended, restricted, revoked, canceled, etc.
2. The accused commits a third or subsequent DUI, DWI, or Extreme DWI within a period of 72 months (7 years)
3. The accused driver has a passenger less than 15 years of age in the vehicle.

Penalties for Aggravated DUI

An aggravated sentence includes a minimum of four months in prison. Probation, suspension of sentence, or release on any other basis is not available until the person serves at least four months.

The sentence will also include up to ten years supervised probation and alcohol screening, counseling, education, and treatment. If the person fails to complete the screening, counseling, education, or treatment the court may resentence the person to an additional term ranging from four months to one year. Should the person's probation be revoked he/she will not receive any credit for the time served when re-sentencing occurs. The court may also impose a fine up to one hundred fifty thousand dollars.

A person convicted of either driving under the influence or driving with a blood alcohol content of .08 or more who has three or more prior convictions within the last sixty months is guilty of a class four felony. The sentence will be similar to the one stated above in that the person must serve a minimum of four months in prison. However, if this person does not complete any court ordered alcohol screening, counseling, education, or treatment the court may resentence him/her to an additional term ranging from eight to twelve years. If a person is convicted of an aggravated drinking and driving offense, the court, in addition to all of the aforementioned sanctions, may order the motor vehicle owned and operated by the person at the time of the offense forfeited in the same manner as provided under Title 13, Chapter 39.

DUI/DWI - Drugs

It is unlawful to drive, or to be in actual physical control, of a vehicle while there is an illegal drug, or its metabolite, in the body. [A.R.S. §28-1381(A)(3)] The State is not required to prove impairment nor is the State required to prove a specific amount of drug in the body. The State is only required to prove that an illegal drug was present in the body while driving or being in actual physical control.

Underage Driving Under the Influence

In Arizona DUI law it is illegal for a person under the age of 21 to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person's body. [A.R.S. § 4-244]. If the person is under the age of 21, he or she will be punished simply for having alcohol in their system regardless of whether the person's ability to drive was impaired even to the slightest degree. If convicted, the driver faces a two year license suspension through the motor vehicle department. The under 21 driver often receives the charges of A.R.S. §28-1381(A1)/(A2) - DUI and DWI- in addition to the underage DUI charge.

DUI and Criminal Defenses

There are several potential defenses which can be raised in a DUI or other criminal cases. Some of the most common defenses include constitutional challenges and sufficiency of evidence defenses. We will investigate every possible defense in every case.

Disclaimer: These materials have been prepared for informational purposes only and are not legal advice. The material posted on this site is not intended to create, and receipt of it does not constitute, a lawyer/client relationship. Readers should not act upon it without seeking professional counsel.