AZ Drunk Driving Laws

There are only two different classes of DUI charges in an Arizona DUI case, it will be charged as either a misdemeanor or a felony offense depending upon the particular facts of the case, the status of the defendant’s driving privileges and prior criminal history. Arizona’s DUI offenses are set forth in Arizona Revised Statutes §§ 28-1381, 28-1382, and 28-1383.

Misdemeanor Offenses:

A.R.S. §§ 28-1381 and 28-1382

(1) DUI: A.R.S. § 281381(A)(1)

“DUI” means “Driving under the Influence” of intoxicating liquor (or drugs). The DUI charge involves a law enforcement officer’s suspicion the DUI suspect’s ability to drive is impaired. Although evidence of the subject’s BAC is relevant to the DUI charge, this offense does not require proof of a chemical test or evidence of the suspect’s BAC. This charge can be based solely upon the suspects (1) driving behavior, (2) physical appearance and performance on field sobriety test, and (3) verbal admissions.

(2) DWI: A.R.S. § 1381(A)(2)

“DWI” stands for “Driving While Intoxicated,” which requires that the accused have a Blood Alcohol Concentration (“BAC”) of .08 or greater within two hours of driving a vehicle. Unlike the DUI charge, the DWI charge requires a blood, breath or urine test.

(3) Extreme DWI: A.R.S. § 1382

The Extreme DWI charge differs from the DWI charge in only two respects. First, the Extreme DWI charge requires that the accused have a BAC of .15 or greater within two hours of driving. Second, the punishment for an Extreme DWI is much greater than for a DUI or a DWI offense.

Felony Offenses – A.R.S. § 28-1383

An “aggravated” or “felony” DUI offense is a DUI, DWI or Extreme DWI, committed:

(1) While the accused’s driver’s license is suspended, restricted, revoked, canceled, etc.;

(2) If, within a period of 60 months (5 years) the accused commits a third or subsequent DUI, DWI or Extreme DUI; or

(3) While a passenger less than fifteen years of age is in the vehicle.

21 and Under DUI Law

In Arizona, it is illegal for anyone under 21 years old to drive, or be in physical control of a motor vehicle, while there is any alcohol in the person’s body. A.R.S. § 4-244(33). In other words, the law punishes the presence of alcohol in the under 21 person’s body without regard to whether the person’s ability to drive was affected even in the slightest degree. And, if convicted, the under 21 driver faces an automatic two-year license suspension. It should also be noted that under 21 drivers, in addition to being charged with underage DUI, are frequently simultaneously charged with violations of A.R.S. §§ 28-1381(A)(1) and (2). Since the penalties and consequences for persons under 21 are so severe, it is important to have an experienced, knowledgeable and aggressive Arizona DUI attorney on your side.

The State's Case Against You

In DUI cases, the state’s objective is to collect evidence which tends to establish the suspect was either driving or in actual physical control of a vehicle while “under the influence” or while “impaired.” The state’s proof usually falls into one or more of the following categories: (1) driving symptoms of impairment; (2) physical symptoms of impairment; (3) inculpatory admissions; and (4) chemical evidence.

Driving Symptoms of Impairment:

• Turning with a wide radius
• Straddling center of lane marker
• "Appearing to be drunk"
• Nearly striking objects or vehicles
• Weaving
• Swerving
• Speed more than 10 mph below limit
• Stopping without cause in traffic lane
• Following too closely
• Drifting
• Tires on center or lane marker
• Erratic braking
• Driving into oncoming or crossing traffic
• Signaling inconsistently
• Responding slowly to traffic signals
• Stopping inappropriately
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Headlights off
• Speeding
• Auto Accident

Physical Symptoms of Impairment:

• Bloodshot, watery eyes
• Slurred speech
• Odor of alcohol
• Fumbling with wallet while trying to retrieve license
• Failure to comprehend the officer's questions
• Staggering when exiting the vehicle
• Swaying
• Leaning on car for support
• Combative, argumentative attitude
• Disheveled clothing
• Disorientation as to time and place
• Inability to follow directions

Verbal Admissions:

"I've only had seven beers since six o'clock." "I know I shouldn't have been driving." "I'm too drunk to take the field sobriety tests" "I couldn't even do these tests if I was sober" "Just go ahead and arrest me" "I know the process; this isn't my first one ya know" "If I wasn't drunk, there would have been no way you would have caught me"

What We Do As Your DUI Attorneys

Contrary to the popular belief of your friends, every DUI case is unique, and the outcome of each ultimately turns on its own particular facts. In order to give our clients the opportunity for the best possible outcome, each case is thoroughly investigated by:

• Obtaining and carefully reviewing the police reports for mistakes, errors, omissions, inaccuracies, and inconsistencies.
• Conducting comprehensive tape-recorded pretrial interviews of the key officers and civilian witnesses involved in your case to determine all the facts, not just those included in the police report.
• Examination of Fourth Amendment “search and seizure” issues — Was the stop or “seizure” of your vehicle based upon “reasonable suspicion” of criminal activity? Was the client’s subsequent detention lawful? Was there “probable cause” for the arrest?
• Examination of the Fifth, Sixth, and Fourteenth Amendment, Miranda, “right to counsel,” and Due Process issues – Did the officers provide the client with a reasonable opportunity to consult with counsel and to preserve potentially exculpatory evidence when such evidence was still available? Did they interfere with those rights?
• Consultation with an expert criminalist and/or toxicologist to determine whether or not the blood, breath, or urine test was properly administered in compliance with Arizona law. Our attorneys review the maintenance, calibration, and service records for the intoxilyzer or gas chromatograph with an expert to determine if the testing instrumentation used in your case to analyze the blood, breath, or urine was accurate, operating properly, and maintained in proper working condition;
• In many cases, an independent chemical analysis of the blood sample is performed to be sure the test result obtained by the police is accurate, that the sample was properly preserved, and that it has not been contaminated;
• Consulting with the client following our pretrial factual investigation and legal analysis as to the issues set forth above to determine whether a trial, negotiated settlement, or other action makes the most sense.

Alternative DUI Sentencing

Many DUI cases result in negotiated plea agreements. In those cases that are not tried or dismissed, an experienced DUI defense attorney will attempt to negotiate with the prosecution for alternatives to incarceration in county jail which may be available under certain circumstances in some jurisdictions: Home Detention: This involves wearing an electronic ankle bracelet while under house arrest. Most sentences require an initial period of incarceration in the jail before a person can serve the remainder of their sentence through a home detention program.

Work Release:

This involves authorization to leave jail to go to work. Usually you work during the day, but have to return to jail at night to sleep. Most work release sentences require an initial period of incarceration (typically 48 hours) before a person can begin their work release (typically no more than 5 consecutive days at a time). Work Furlough: This similarly allows you to keep your job and go to work during the day. However, this program is much more restrictive than work release.

City Jail:

City jails are less crowded, cleaner, safer, and generally provide a much more pleasant experience than serving a jail sentence in county jail or “tent city.”

Alcohol or Drug Treatment:

Sometimes a DUI or drug related arrest is the result of years of substance abuse. In such cases, treatment of the underlying addiction problem may be the best option for both the state and the client.


Please contact our Mesa law firm or call 1-866-749-5415 to speak with criminal law attorney Craig D. Henley.