Comprehensive Arizona DUI Information

Arizona DUI Law Explained

MISDEMEANOR ARIZONA DUIsIt is illegal to DRIVE or be in ACTUAL PHYSICAL CONTROL of a motor vehicle in Arizona while:

FELONY ARIZONA DUIsIt 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

You've just been arrested for a DUI in Arizona. Now you are looking at your citation, trying to figure what the heck is going on. Why are they charging you with two or more counts of DUI when you were only arrested once?

Most DUI charges will contain a citation to ARS 28-1381. Usually they will contain two. Under this law, there are two common DUI charges: 1) driving while impaired to the slightest degree, and 2) driving with an alcohol content of 0.080 or higher within 2 hours of driving. Also included are the charges of driving a commercial vehicle in Arizona with a prohibited BAC content, and driving with a prohibited drug or its metabolite in your system.

In addition, you may note an extreme DUI charge referenced to ARS 28-1382. This is charged when your alcohol content is a 0.150 or higher within 2 hours of driving. Don't panic, just because it is an extreme DUI doesn't mean it is a felony under most circumstances.

Arizona DUI law is a complex web of Judge-made case-law, legislative made Statutes and Administrative Code. The law encompasses decisions both in Arizona Courts, and in other courts on a national level up to the Supreme Court of the United States. Like all law, the Arizona DUI law is only good until it is amended by legislative act, or interpreted by Judges in a reported case.

Many people think Arizona DUI law is cut and dry. This couldn't be further from reality. DUI law is fluid and living, and the next challenge to the validity of any part of the law, or the "science" that forms the backbone of most DUI evidence is always just around the corner. Looked at from the right angle, your case probably isn't as bad as it seems.

A normal, first offense Arizona DUI arrest is a misdemeanor. However, there are certain factors that can make even a first offense a Felony. These circumstances include:

1. The presence of a minor child in the vehicle;

2. A suspended or revoked driver's license.