What You Need to Know About Arizona’s Zero Tolerance DUI Laws

September 24, 2020 Posted in Extreme DUI

Arizona is a state that has some of the strictest laws in the country surrounding driving under the influence. Generally, it has what is known as zero tolerance laws pertaining to DUI offences. These can result in severe penalties and other serious consequences, even if it’s your first offence. It’s important to understand Arizona’s DUI laws.

The number of drinks that it takes to reach the legal intoxication limit can vary. However, a 160-pound woman can probably reach the legal intoxication limit after having only two drinks. A 220-pound man will probably reach the intoxication limit after three drinks. Because Arizona has a zero-tolerance policy, it’s a good idea for you to avoid driving if you have had any alcohol.

What is Meant by Zero-Tolerance?

In most of the United States, the legal limit for blood alcohol concentration is 0.08%. However, in Arizona, the zero-tolerance DUI laws mean that even if you are found to have a blood alcohol content (BAC) under that amount, you can still be arrested and charged with a DUI. In general, if a police officer pulls you over and requests that you take a breathalyzer test that reveals a reading of 0.08 or lower, you could still be arrested depending on the officer’s belief of whether or not you’re intoxicated.

How is Impairment Determined?

The term “impairment” is flexible as it can vary depending on each individual DUI case. Due to the zero-tolerance laws, Arizona is very strict regarding an offender’s level of impairment. A police officer can determine that a driver is impaired based on certain criteria. Usually, the main factor is their BAC, but there are other factors they consider like slurred speech, glassy eyes, erratic driving, and failing field sobriety tests. An officer may also make the determination that someone is impaired based on detecting the odor of alcohol on their breath. In any case, this DUI law certainly warrants getting a DUI lawyer on your side to defend you in court.

What are the Different Types of DUIs?

There are different types of DUI charges in Arizona. These are known as tiers and are determined based on the factors of your case. They include the following:

• Standard DUI: A standard first-time offense carries a penalty of 10 days in jail and a maximum fine of $1,500. If convicted, you are required to pay jail and monitoring fees and undergo counseling. A conviction also results in a 90-day license suspension and the installation of an ignition interlock device on your vehicle for one year. For a second offense, you can see a 90-day jail sentence but receive at-home detention after six days. A fine of $3,500 is instituted and you are responsible for paying monitoring fees. The same requirements for a first offense apply regarding the driver’s license and IID.
• Extreme DUI: An extreme DUI conviction is applied if the individual’s BAC is 0.15% or higher. Penalties include 30 days in jail with home detention after two days, a fine of $2,780, and monitoring fees as well as counseling and screening. Driver’s license suspension is 90 days and an IID is required on the vehicle. With a second offense, jail is elevated to 120 days and a fine of $3,740, in addition to monitoring fees. The individual’s license is suspended and they must have an IIG on their vehicle.
  
• Super extreme DUI: If a person’s BAC is 0.20% or greater, it counts as a super extreme DUI and carries 45 days in jail, a $3,240 fine, and monitoring fees. Driver’s license suspension is 90 days and an IIG is installed on the vehicle for 18 months.
• Aggravated DUI: The punishment for aggravated DUI can vary. You will typically have to spend more time in jail, pay higher fines and get your license revoked. Screening and counseling are also required.

If you have been arrested for a DUI offense in Arizona, you need immediate assistance from a skilled DUI lawyer. Contact the Law Offices of Gary L. Rohlwing to discuss your case with an attorney.