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

August 11, 2022

In the United States, approximately 1.4 million people are arrested for driving under the influence of alcohol or drugs each year. This figure includes both men and women, and people of all ages. The vast majority of these arrests  — approximately 1.2 million — are for driving while intoxicated (DWI), which is a criminal offense. The remaining 200,000 or so arrests are for driving under the influence (DUI), which is usually a misdemeanor.

According to the National Highway Traffic Safety Administration, there were 10,598 alcohol-related fatal vehicle crashes resulting in 11,654 deaths in 2020.

In Arizona, there are about 10,000 people involved in DUIs each year, or about 344 per 100,000 residents. This number has been fairly consistent over the past few years.

What Does Zero Tolerance Mean?

The Arizona zero-tolerance law means that if you are caught driving with a BAC of .08% or higher, you will be charged with a DUI. If you are under 21 years old, you will be charged with a DUI if you are caught driving with a BAC of .02% or higher. The penalties for a DUI in Arizona are severe and can include jail time, fines, and the suspension of your driver’s license for 90 days.

Zero Tolerance in Numbers

Many drivers are arrested each year under zero tolerance. This is because many states have adopted a zero-tolerance policy for drinking and driving.

In Arizona, the legal limit is a blood alcohol content (BAC) of 0.08 percent, which is estimated to be about two drinks for an average-sized woman and three drinks for a man weighing over 200 pounds.

According to Arizona law, a “drink” means:

  • 12 ounces of 5 percent alcohol by volume (ABV) beer
  • 5 ounces of 12 percent ABV wine
  • 5 ounces of 40 percent ABV liquor

The person’s weight, tolerance levels, and the time between drinks all impact the ultimate calculation of a person’s BAC.

Impairment Meaning in DUI

The impairment meaning under Arizona DUI is that a person’s ability to drive is impaired when their blood alcohol content is .08 or higher.

There are many factors that can contribute to impairment while driving, but Arizona DUI laws focus on two main types: alcohol and drugs.

For alcohol, it is illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. For drugs, it is illegal to drive while impaired by any substance, whether it be illegal, prescription, or over-the-counter. impairment is relative, so even a small amount of either substance can result in a DUI.

Different Types of DUI You Can Be Charged With in Arizona

In Arizona, if you are caught driving with a blood alcohol content (BAC) of .08% or higher, you will be charged with a DUI.

  • If you are caught driving with a BAC of .15% or higher, you will be charged with an Extreme DUI.
  • If you are caught driving with a BAC of .20% or higher, you will be charged with an Aggravated DUI.
  • If you are caught driving with a child under the age of 15 in the car, you will be charged with a Child Endangerment DUI.
  • If you are caught driving under the influence of drugs, you will be charged with a DUI-D.

Let’s break down what those look like:

Standard DUI

Under Arizona’s zero-tolerance law, a DUI is considered to be driving with a blood alcohol content (BAC) of .08 or higher. If you are caught driving +with a BAC of .08 or higher, you will be subject to the following penalties:t

  • A fine of up to $1,000
  • Jail time of up to 90 days
  • License suspension of up to one year
  • Installation of an ignition interlock device in your vehicle

Extreme DUI

If you are caught driving with a BAC of .15 or higher, you will be subject to the following penalties:

  • A fine of up to $2,500
  • Jail time of up to 180 days
  • License suspension of up to one year
  • Installation of an ignition interlock device in your vehicle

Super Extreme DUI

A DUI in Arizona is considered a super extreme DUI if the driver’s BAC is .20% or higher. This is much higher than the legal limit of .08%. A super extreme DUI is punishable by:

  • A fine of up to $3,000
  • Up to 45 days in jail
  • A One-year suspension of your driver’s license
  • Installation of an ignition interlock device in your vehicle

Aggravated DUI

In Arizona, Aggravated DUI is classified as a felony. There are four different “aggravators” that can change a misdemeanor DUI into a felony.

This includes committing:

  • A DUI while your driver’s license is suspended or revoked
  • Three or more DUIs within 7 years
  • A DUI while legally obligated to have an ignition interlock device installed in your vehicle
  • A DUI with a minor 15 or younger in the vehicle

An Aggravated DUI is a very serious charge that requires immediate legal help. The DUI attorneys at Torgenson Law are experienced DUI lawyers who can review your case and quickly determine the best legal defense against these charges.

Who Do I Call After a DUI Arrest?

If you have been stopped and charged with a DUI, you need an attorney well-versed in Arizona DUI law — a DUI attorney that is ready to defend you against fines and possible jail time.

We understand that this can be a frustrating and challenging time for you and your family. We put all of the legal resources at our disposal to work on your case because we care about your claim and will work tirelessly for you. Contact us today for a free consultation.

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