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Arizona Zero-Tolerance DUI Laws

August 11, 2022 By John Torgenson

In total, Arizona saw 27,125 DUI arrests in 2023​. Over Cinco de Mayo weekend alone this past year, there were 323 DUI arrests, up from 304 in 2023. What’s more, for every driver arrested for DUI, it’s estimated that there are another two still on the road.

Arizona’s zero-tolerance DUI laws reflect a strong commitment to keeping the roads safe for everyone. These laws not only penalize offenders but also aim to deter potential violators, emphasizing safety and responsibility. The zero-tolerance approach means that any detectable amount of alcohol or drugs in a driver’s system can lead to a DUI charge, underscoring the state’s proactive stance against impaired driving.

If you or a loved one has been injured in a motor vehicle accident caused by a DUI, these statistics and laws highlight the recklessness of impaired driving. At Torgenson Law, we provide both fierce representation and straightforward support. Our team will ensure you understand your rights and legal options, guiding you through every step of your case under Arizona’s zero-tolerance DUI laws.

What Does Zero-Tolerance Mean?

Arizona’s zero-tolerance DUI laws mean that any detectable level of alcohol or drugs in a driver’s system can lead to a DUI charge. For drivers under 21, any BAC level above 0.00% is illegal. For drivers over 21, the limits are stricter for different types of drivers.

Zero-Tolerance in Numbers

Legal BAC Limits:

  • 08% for drivers aged 21 and over
  • 04% for commercial drivers
  • 00% for drivers under 21

Definition of a Drink:

  • 12 ounces of 5% ABV beer
  • 5 ounces of 12% ABV wine
  • 5 ounces of 40% ABV liquor

Arizona’s zero-tolerance policy is designed to eliminate ambiguity and ensure that any level of impairment is penalized to maintain road safety. This strict approach is crucial in protecting everyone on the road, especially those who become victims of DUI accidents. If you or a loved one has been injured due to a DUI, understanding the severity of these laws can highlight the negligence of the impaired driver.

Having an experienced lawyer is vital in these cases, as they can help you navigate the complexities of the legal system. At Torgenson Law, our knowledgeable DUI attorneys are equipped to handle these challenging situations. We work tirelessly to hold the responsible parties accountable, challenge the accuracy of BAC tests, and ensure that justice is served. This can make a significant difference in securing the compensation you need for medical expenses, lost wages, and other damages, ultimately helping you protect your future and well-being.

What Are Arizona’s Blood Alcohol Concentration Limits?

The risks on the road when a driver has been drinking increase exponentially as their BAC increases. Statistics show that drivers with a BAC of 0.08% are approximately four times more likely to crash than those with a BAC of zero. When the BAC reaches 0.15%, the likelihood of crashing jumps to at least twelve times higher. These sobering facts highlight the critical dangers of driving under the influence and explain why Arizona enforces such strict BAC limits.

So, what are these limits in Arizona?

  • Drivers aged 21 and over. The legal BAC limit is 0.08%. This means that even if you feel fine, having a BAC at or above this level can result in a DUI charge.
  • Commercial drivers. The BAC limit for commercial vehicle operators is set at 0.04%. This lower threshold reflects the increased responsibility commercial drivers have in ensuring the safety of their passengers and cargo.
  • Drivers under 21. Arizona follows a zero-tolerance policy, meaning any BAC above 0.00% is illegal for underage drivers. This strict rule aims to prevent accidents and save lives by discouraging the consumption of any alcohol before driving.

The legalities surrounding BAC levels can be tricky. Factors such as improper calibration of breathalyzers, incorrect administration of blood tests, or delayed testing can all impact the evidence. These complexities can be exploited by the defense to challenge the validity of BAC results, potentially weakening your case.

Our team at Torgenson Law meticulously examines all aspects of the BAC evidence to build a robust case for our clients. By demonstrating the clear violation of these limits, we highlight the negligent behavior that led to your injuries. We work with expert witnesses to validate the BAC results and reinforce the argument of impairment and negligence. Our thorough approach ensures that the evidence supporting your claim is solid and defensible.

What Are the Different Categories of DUI You Can Be Charged with in Arizona?

In Arizona, DUI charges are categorized based on the severity of the offense and the circumstances surrounding the incident. Here are the main categories of DUI you can be charged with:

Standard DUI

A Standard DUI is charged when a driver aged 21 or over has a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable BAC is illegal due to Arizona’s zero-tolerance policy. Penalties for a first offense typically include:

  • 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

An Extreme DUI applies when a driver has a BAC of 0.15% or higher. The penalties for an Extreme DUI are more severe than for a Standard DUI and may include:

  • 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 Super Extreme DUI is charged when a driver has a BAC of 0.20% or higher. This category carries even harsher penalties than an Extreme DUI, reflecting the increased danger posed by such high levels of impairment. Penalties can include:

  • 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

An Aggravated DUI is a more serious charge that can change a misdemeanor DUI into a felony. In Arizona, this can occur under several circumstances:

  • Committing a DUI while your driver’s license is suspended, revoked, or canceled.
  • Having two prior DUI convictions within the past 84 months (7 years).
  • Driving under the influence with a passenger under the age of 15 in the vehicle.
  • Committing a DUI while required to have an ignition interlock device installed on your vehicle.

Aggravated DUI is a felony offense and carries severe penalties, including:

  • A fine of up to $4,000
  • Jail time of up to two years
  • License revocation for up to one year
  • Installation of an ignition interlock device in your vehicle
  • Mandatory alcohol education and treatment programs

Drug-Related DUI

In Arizona, a driver can also be charged with a DUI for being under the influence of drugs, including prescription medications and illegal substances. The state’s laws are strict, and the presence of any drug or its metabolite in the driver’s system can lead to a DUI charge, regardless of whether the driver appears impaired. Those arrested for a drug-related DUI may face:

  • A fine of up to $2,500
  • Jail time of up to six months
  • License suspension for up to one year
  • Mandatory drug education and treatment programs
  • Installation of an ignition interlock device in your vehicle
  • Probation for up to five years

Having a skilled lawyer on your side can significantly enhance your ability to secure fair compensation, protect your rights, and ensure a more favorable outcome, ultimately minimizing the long-term impact on your life and future.

What Should I Do if I’ve Been Injured in a DUI Accident?

Experiencing a DUI accident can be traumatic and confusing. Knowing the right steps to take immediately afterward can significantly impact your well-being and legal standing. Here’s a guide to help you navigate this difficult situation:

  • Ensure your safety. First and foremost, check for injuries and move to a safe location if possible. Call 911 to report the accident and request medical assistance if needed.
  • Gather evidence. Collect information at the scene, including the other driver’s details, witness statements, and photos of the accident site and any damages. This evidence will be crucial for your case.
  • Seek medical attention. Even if you feel fine, some injuries may not be immediately apparent. A thorough medical examination can identify any hidden issues and provide documentation for your case.
  • Report the accident. Cooperate with law enforcement officers when they arrive. Provide necessary information without admitting fault or making detailed statements. The police report will be an important document for your claim.
  • Avoid public discussions. Do not discuss the accident on social media or with anyone other than your lawyer. Public statements can potentially be used against you in legal proceedings.
  • Consult a lawyer. Contact a qualified DUI accident attorney as soon as possible. They can guide you through the legal process, help you understand your rights, and ensure you receive fair compensation for your injuries and damages.

Navigating the aftermath of a DUI accident is challenging, but taking the right steps can make a significant difference. Prioritizing your safety, gathering evidence, and securing experienced legal representation are crucial actions to protect your rights and future.

An experienced Arizona DUI accident lawyer can advocate for you, handle communications with insurance companies, and fight to ensure you receive the compensation you deserve. This support is vital in dealing with the complexities of your case and working towards the best possible outcome.

How Can the DUI Lawyers at Torgenson Law Help?

If you have been injured in a DUI accident, having an attorney who understands Arizona DUI law and is prepared to advocate for your rights is crucial. At Torgenson Law, our dedication to our clients is unmatched. We undertake a thorough investigation process to uncover every detail and keep you informed every step of the way. Our commitment is to be transparent and tenacious in fighting for your rights until your case is fully resolved by:

Providing Seasoned Legal Guidance

Our attorneys offer a thorough understanding and interpretation of Arizona DUI laws. We’ll explain your rights, the process for seeking compensation, and the potential outcomes, ensuring you are well informed at every step.

Gathering and Preserving Evidence

We meticulously collect and preserve all evidence related to the accident, including police reports, medical records, witness statements, and any available video footage. Our team ensures that no crucial detail is overlooked.

Negotiating with Insurance Companies

Our experienced lawyers negotiate on your behalf with insurance companies to ensure you receive fair compensation for your injuries, medical expenses, lost wages, and pain and suffering. We strive to prevent you from being taken advantage of by insurers.

Preparing Comprehensive Court Representation

We provide robust representation in court, advocating for your best interests. Our lawyers prepare you for any legal proceedings, handle all court appearances, and work tirelessly to achieve the best possible outcome for your case.

Organizing a Personalized Defense Strategy

Every DUI victim’s case is unique. We develop a tailored legal strategy based on the specific details of your situation, ensuring a comprehensive approach that addresses all aspects of your recovery and compensation.

If you or a loved one has been injured in a DUI accident, don’t navigate this challenging time alone. Contact Torgenson Law or call us at 602-726-0747 for the legal support you need. Our dedicated team is ready to defend your rights and work towards an optimal outcome for your case.

John Torgenson portrait

John Torgenson

John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.

John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.

Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.