Arizona DUI Law
DUI - Impaired To The Slightest Degree
A.R.S. § 28-1381(A)(1)
Basic DUI. The statute prohibits driving (or being in physical control) while your ability to drive is impaired, even to the slightest degree. Note, the State does not need an actual breath or blood test to prove this charge. The statute only requires the State prove: 1) driving or physical control; 2) alcohol or drug intoxication; and 3) driving ability impaired to the slightest degree by alcohol or drugs. No actual BAC is required.
Prosecutors typically attempt to prove "impairment" with police testimony about field agility tests and observations of possible symptoms of alcohol consumption (such as blood shot eyes, sway, slurred speech, and driving behavior).
A common tactic Tucson Police Officers use to trick individuals into performing these physical agility tests (Officers call them Field Sobriety Tests or FSTs) is to tell suspects they want to see if they "are O. K. to drive." Truth be told, most officers have already decided a suspect is impaired and are merely conducting the tests to gather evidence for prosecution.
Keep in mind that the officers use a rigid set of guidelines to grade performance. They purposefully do not tell DUI suspects what they are looking for. DUI suspects are forced to perform the tests without specific knowledge of the behaviors the officers are looking for. Not surprisingly, under these circumstances, it not uncommon for completely sober individuals to fail the tests.
DUI - Driving With BAC of .08 or Greater
A.R.S. § 28-1381(A)(2)
Arizona's "per se" violation. The statute forbids driving with a breath or blood alcohol content of .08 or greater within two hours of driving or being in actual physical control of the vehicle. The alcohol concentration must result from alcohol consumed either before or while driving or being in actual physical.
In Arizona, breath testing has traditionally been the preferred method of testing, with the Intoxilyzer 5000 being the preferred instrument. Recently, some law agencies have begun using a new breath testing instrument -- the Intoxilyzer 8000. The Intoxilyzer 8000 is based upon the same principles as the Intoxilyzer 5000, but some of the technology is employed is markedly different.
Breath tests are preferred by the Tucson Police Department and Tucson Police Department DUI squad officers typically use Intoxilyzer 5000's which have been bolted into the back of specially equipped squad cars. Because the Intoxilyzer 5000 was not designed as a mobile breath testing device, the machines must be powered by AC power converters. TPD does not conduct quality assurance testing while the machines in the back of patrol plugged into these converters. Instead, TPD removes the machines and tests them either in the crime lab, or in a police facility. Because of this, the accuracy of the machines operating on mobile power converters can not be assured.
While breath testing is still the most widespread method of chemical testing, over the past few years, blood testing has grown in popularity. The alternative to breath testing is blood testing. Here in Pima County, blood tests are preferred by the Pima County Sheriff's Department. In the past Sheriff's Deputies transported individuals to a hospital where trained medical personnel would draw blood. However, beginning a few years ago Pima County Sheriff's Department began sending deputies to a short venipuncture course consisting of little more then a few days of actual instruction. After completion of this course the sheriff's department proclaims their deputies "qualified" to draw blood.
Once drawn, the blood is tested in a police crime laboratory on a machine called a "gas chromatograph" using a process called "head space gas chromatography." At trial, prosecutors will subpoena the criminalist who tested the blood to testify about the testing procedure and the test results.
Regardless of which test is conducted, it should be noted that neither test is always reliable and knowledgeable DUI defense attorneys can attack the accuracy of the results.
DUI - Driving With BAC of .15 or Greater
A.R.S. § 28-1382
In response to political pressure from MADD and other like minded organizations, the Arizona legislature created "Extreme DUI." "Extreme DUI" punishes more harshly those drivers whose BAC (Blood or Breath Alcohol Content) is 0.15 or greater within two hours of driving or being in actual physical control. Extreme DUI is a Class One Misdemeanor and therefore, the maximum penalties are no greater then a regular misdemeanor DUI. The minimum penalties, however have been significantly enhanced. See our penalties page for details.
DUI Driving With Drugs or Drug Metabolite
A.R.S. § 28-1381(A)(3)
In Arizona, a DUI suspect does not need to be impaired or under the influence to be convicted of DUI. Absurd as this sounds, it is true. Arizona law makers have made it illegal to drive with the metabolite of an illegal drug in your system. A metabolite is not the active substance but the byproduct of a digested drug. In layman's terms, it is what is left of the drug after the body has broken it down. The life span of metabolites varies from drug to drug, but experts all agree, metabolites exist long after the actual substance was active in the body.
What this means is a person may smoke marijuana on the weekend, "sober up" and remain clean for days or even weeks, and then become involved in a traffic incident. If police obtain a blood or urine sample, these individuals can end up being charged with DUI. This is because metabolites can be found in urine days or even weeks after a person consumed the drug.
If a metabolite of an illegal drug, or an illegally obtained drug, is found in your blood or urine, you may be charged with DUI. Furthermore, unlike a "standard" DUI, which carries a mandatory 90 day license suspension, if convicted of A.R.S. § 28-1381(A)(3) your license will be revoked for at least one year.
Aggravated DUI - DUI While License Is Suspended
A.R.S. § 28-1383
In Arizona, committing a DUI while your license is suspended is a Class Four Felony. If it is a first time felony, the absolute minimum penalty is four months in prison as a condition of probation. Probation may be up to 10 years. If probation is not granted, a defendant convicted of Aggravated DUI faces a 2.5 year presumptive prison term (it could be as little a 1.5 years or as much as 3.75). Aggravated DUI with a valid historical prior felony caries a 4.5 year presumptive prison sentence, and Aggravated DUI with two valid historical prior felony convictions carries a presumptive sentence of 10 years in prison.
Aggravated DUI - Third DUI Within 60 Months
A.R.S. § 28-1383
In Arizona, committing a third DUI within 60 months is also a Class Four Felony. Punishment for this violation is the same as noted directly above.
Aggravated DUI - DUI With Child 15 or Younger In Car
A.R.S. § 28-1383
In Arizona, committing a DUI with a child under the age of 15 in the car is a Class Six Felony. A first time Class Six Felony is probation available. If probation is not granted, a defendant faces a prison term ranging from as little .33 years to as much as 1.5 years, with a presumptive term of 1 year.
