Arizona DUI Law Explained
Driving under the influence of any drug or alcohol is a very serious crime in Arizona. There are several classifications of DUIs in Arizona. Depending on the facts of the case, the case may be brought as a felony or as a misdemeanor. Felonies are much more serious, and may involve exposure to prison time (as opposed to jail time in a county or city jail). Below is a brief outline of the various DUI and related vehicular charges in AZ. Explore the links to the left to learn more about the nuances of Arizona DUI Law:
Misdemeanor DUI's
It is illegal to drive or be in actual physical control of a motor vehicle in Arizona while:
Basic DUI: Impaired to the slightest degree by alcohol or drugs.
Commercial DUI: Body alcohol content above 0.040 and driving a commercial vehicle.
Minor DUI: Under 21 years old with any alcohol in system.
Per Se DUI: Body alcohol content above 0.080 within 2 hours of driving.
Extreme DUI: Body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.
"Super Extreme" DUI: Body alcohol content of .200 within 2 hours of driving. (new as of 9/19/07)*
Drugs DUI: An illegal drug OR its metabolite in your system (no impairment required).
Felony DUI's
It is a very serious felony in Arizona to commit any of the above misdemeanor DUI offenses while any of the following apply:
Aggravated DUI Priors: You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest.
Aggravated DUI Restricted License: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.
Aggravated DUI with Child in Vehicle: You have a child under 15 years old in the vehicle
* Super extreme DUI is a sentence enhancement rather than a new crime. This means that your record for a conviction of a .20 or more should still reflect only an "extreme DUI," but the penalties the Judge must impose upon conviction are much worse (i.e., the difference between 10 and 45 days in the case of a first offense).