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No Upfront Fees for Injury Cases The BAC limit refers to the concentration of alcohol in your blood that determines if you are legally impaired to drive. In Arizona, the BAC limit is set at 0.08 percent for individuals aged 21 and older. The BAC limit is lower for certain individuals. For commercial drivers, for instance, the limit is 0.04 percent. For drivers under the legal drinking age of 21, any detectable amount of alcohol in their system can lead to a DUI. Again, in Arizona, being charged with a DUI can result in fines, license suspension, mandatory alcohol education programs, and even jail time.
If you have 0.08% alcohol in your blood, it means that there are 0.08 grams of alcohol for every 100 milliliters of blood in your body. While it may not sound like a lot, even a small amount of alcohol can impair your judgment, coordination, and reaction time.
Everyone metabolizes alcohol differently, and factors like weight, gender, and how quickly you drink can affect your blood alcohol content. As a general rule, an “average” sized woman downing roughly 3-4 drinks in a two-hour period generally results in reaching the 0.08% limit. On the other hand, an “average” sized man can typically have 4-5 drinks in a two-hour period and reach the 0.08% limit. Alcohol impacts people differently, so even if you feel fine after a few drinks, your BAC may still be over the legal limit.
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In Arizona, driving with any amount of marijuana or its metabolites in your system is considered “driving under the influence.” Metabolites are intermediate products of metabolic reactions in your body, like blood “by-products” of marijuana consumption. Arizona has a “per se” law, which means that the presence of even a trace amount of marijuana in your blood can lead to a DUI charge. Even an inert metabolite of marijuana can lead to a conviction, as it can stay in the body for weeks after use.
Unlike alcohol, where there is a legal limit of 0.08% blood alcohol concentration for a DUI, there is no set threshold for marijuana or its metabolites. Any amount, no matter how small, can be grounds for a DUI. To be clear, Arizona has a zero-tolerance policy towards driving with marijuana in your system.
There are two types of marijuana DUI charges in Arizona: Impaired to the Slightest Degree and a Drug DUI. An Impaired to the Slightest Degree arrest is based on subjective evidence of impairment that police observe. On the other hand, a Drug DUI involves the presence of drugs or their metabolites in your body.
Penalties for a marijuana DUI in Arizona include jail time, fines, license suspension, and higher insurance premiums. If you are arrested for a marijuana DUI in Arizona, expect to pay hefty fines and have your driver’s license suspended for at least one year. If you have a medical marijuana card, it can be used as an affirmative defense in a Drug DUI charge. But, a medical marijuana license does not make it legal to drive while high or impaired in any way.
To avoid an impaired driving charge for marijuana use, as Arizona DUI lawyers, we recommend the following:
If you refused a breathalyzer test in Arizona, be aware of the implications and the steps you should take to protect yourself. In Arizona, like other states, there is an implied consent law that requires all licensed drivers to submit to a breathalyzer test if asked by a police officer. Refusing to take the test can lead to an immediate suspension of your driver’s license for one year, even on a first offense.
When you refuse a breathalyzer test, the officer will most likely confiscate your driver’s license, and you will receive a temporary driving permit that lasts for 15 days. During this time, you must act swiftly and take the necessary steps to challenge the suspension and protect your driving privileges.
The first step if you refuse a breathalyzer test is to review the suspension order provided by the officer. This order outlines the details of the suspension, including the duration and what you need to do if you wish to challenge it. Familiarize yourself with these instructions to ensure you meet the necessary requirements.
After reviewing the suspension order, request a hearing with the Arizona Motor Vehicle Division (MVD). This administrative hearing provides you with an opportunity to present your case and challenge the suspension. During the hearing, the state must prove by a preponderance of the evidence that you violated the implied consent law.
In addition to the suspension of your driver’s license, a breathalyzer refusal can be used against you as evidence in a DUI case. Prosecutors will no doubt argue that you refused the test because you knew you were intoxicated, and this can have a big effect on the outcome of your case. Talk to a trusted Arizona DUI attorney who can help defend your rights and fight for your driving privileges.
In Arizona, the statute of limitations for challenging a DUI charge is one year. This means that you have one year from the date of your arrest to take legal action and challenge the charges if you believe you have grounds for doing so. You must act promptly to protect your rights.
Another important reason to act promptly in challenging a DUI is to preserve the evidence related to your case. Time is of the essence, as evidence does deteriorate, get lost, or become unavailable as the days, weeks, and months tick by. By engaging an Arizona DUI attorney early on, you can avoid any of these preventable legal headaches.
Unfortunately, in Arizona, it is not possible to expunge a DUI conviction from your criminal record. Once you have been convicted, a DUI remains on your criminal record indefinitely. All hope is not lost, though. There are still options available to potentially lessen the impact of your DUI conviction.
One option is to pursue record-sealing for prior misdemeanor DUI convictions. Under certain circumstances, you may be eligible to have your record sealed, which can limit access to your criminal history. This can be particularly beneficial when applying for a new job, apartment, loan, school, or mortgage, as these organizations may be blocked from accessing your sealed DUI conviction.
Record-sealing is not available for felony DUI convictions or for any subsequent DUIs. Additionally, the process of sealing a criminal conviction is tricky and requires that specific eligibility criteria are met. A reputable, seasoned Arizona DUI attorney can advise you as to whether you are eligible for record sealing and help you get your record sealed if you qualify.
Since expungement is not possible for DUI charges in Arizona, you should be aware of who can access your DUI conviction. Law enforcement agencies, courts, and certain government agencies will be able to see your criminal record. Additionally, background checks conducted by potential employers, education institutions, and even some professional licensing boards can reveal your DUI conviction.
Another avenue to explore is called “setting aside” a DUI conviction. Arizona law allows for certain convictions, including DUIs, to be “set aside” under specific circumstances. Setting aside a conviction does not completely remove it from your record, but it can restore certain rights and privileges as well as demonstrate your commitment to rehabilitation. Again, an Arizona DUI attorney like the Law Offices of John Phebus can determine if you are eligible for setting aside a conviction and guide you through the process.
Unfortunately, the length of time a DUI stays on your criminal record in Arizona is indefinite. Unlike other states that have specific time periods for record expungement or automatic record sealing, Arizona does not have any such mechanism.
As Arizona DUI attorneys, we can verify that one of the most significant consequences of a second DUI offense in Arizona is the potential loss of your driver’s license. If convicted, your license will be suspended for a minimum of one year. No doubt, this will have a significant impact on your daily life and livelihood.
For a second DUI offense in Arizona, the penalties are, as you would imagine, more severe compared to a first-time offense. If convicted, you face:
Note that these are the minimum penalties, and, in some cases, the court will impose harsher punishments based on the specific circumstances.
If you are convicted of a second “serious” DUI, which involves having a blood alcohol concentration of 0.15% or higher, the penalties are more severe. If convicted of a second high-BAC DUI, you can expect:
A very serious DUI refers to driving with a blood alcohol concentration of 0.20% or greater. The penalties for a second super high-BAC DUI are:
If you have a previous DUI conviction that has been “set aside,” Arizona law still treats a second DUI offense as a repeat offense. Even a “dismissed” DUI conviction can still count against you for the purposes of penalties and sentencing for a second offense.
If you are arrested during a DUI traffic stop in Arizona, you have the right to legal representation. Whether arrested or not, you always have the constitutional right against protection from unwarranted searches. You might not know this as well, but you do not have to be under arrest in order to have a right to remain silent. You are under no obligation to respond to police questions during a traffic stop when you are being detained. Being detained means you are not under arrest, but you are also not free to leave. Traffic stops are examples of being detained by police. Knowing and exercising your rights helps you safeguard your best interests.
One of the fundamental rights you have during a DUI traffic stop, or any other time the police are talking to you, is the right to remain silent. You are not obligated to answer any questions asked by the police officer except for providing basic identification information. By remaining silent, you avoid the risk of saying something that might incriminate you. Remember, the officer is trained to gather evidence, and anything you say can be used against you in court. Failing to comply may amplify the situation, and you could find yourself under arrest for that, but there is no obligation to speak to the police.
Another essential right you have during a DUI traffic stop is the right to an Arizona DUI lawyer. Yes, this right is not just for people in handcuffs. You have the option to consult with your attorney before answering any questions or providing any information.
Additionally, if you are stopped for a DUI in Arizona, you have the right to decline field sobriety tests. When you get an Arizona driver’s license, you give consent to submit to field sobriety tests when prompted by police. Failing to do so can result in losing your driving privileges, regardless of why you decline or whether you are totally sober. Nevertheless, these tests are subjective and can be challenging to perform accurately, even for sober people.
You may politely decline these tests, as they can potentially provide evidence against you in court. If you decline to do a field sobriety test, be prepared to be given a blood or urine test back at the police station or local medical facility. You can ask the police to give you a breathalyzer test as well. These can also be faulty and have problems, but it shows your willingness to cooperate with police if you choose to decline to do field sobriety tests.
Furthermore, during a DUI traffic stop, safely navigate your vehicle to the side of the road. Try your best to be polite and cooperative, but remember that you have the right to avoid providing any unnecessary details or admitting to any actions that could be used against you.
Arizona has a zero-tolerance policy for underage drinking and underage drunk driving. This means that if you are under the age of 21 and found to have any amount of alcohol or drugs in your system while operating a vehicle, you will be charged with DUI. The legal blood alcohol concentration (BAC) limit for minors is 0.00%. Unlike adult DUI, there is no threshold for underage drivers.
If convicted, your driver’s license will be suspended for two years. This not only affects your ability to drive, but it can also have long-term consequences on your education, employment, and overall quality of life. Arizona does not provide a restricted driving permit for minors convicted of DUI, so the suspension will be absolute.
In addition to losing your license, underage DUI offenders, just like adults, should expect to face criminal charges. The severity of the criminal penalties will depend on your BAC level, any prior DUI convictions, and the presence of any aggravating circumstances. Underage drinking and driving is a Class 1 misdemeanor per Arizona Revised Statute § 4-246(B). For a first-time conviction, you will most likely get probation, but a minor can indeed be sentenced to six months in jail and fined $2,500. In some cases, underage DUI is charged as a felony, which comes with more substantial fines, longer probation, and the possibility of imprisonment.
Here are some key ways that we, as Arizona DUI attorneys, assist our clients:
Did you know that research shows that harsher DUI penalties do little to nothing to prevent, deter, or reduce drunk driving? Additionally, according to the US Department of Justice, 89% of DUI offenders are on probation, 11% are serving jail time in a local detention center, and 3% are incarcerated in state prisons. As you can see, most DUI offenders do not go to jail. While the consequences of a DUI conviction can be severe, including fines, license suspension, and mandatory alcohol education programs, jail time is not inevitable.
If you are arrested for a first-time DUI in Arizona, you can be jailed for ten days. If you had a particularly high BAC level, you could be jailed for 30-45 days. The penalties that you specifically receive are determined by various factors, again, like your blood alcohol content level, any prior DUI convictions, and whether there were any aggravating circumstances present. The presence of aggravating circumstances, such as a BAC of 0.15% or higher, speeding, reckless driving, or driving drunk with a minor present in the vehicle, can lead to more harsh penalties, including mandatory jail time.
The outcome of your case is not set in stone! By retaining the services of a diligent, hard-working, passionate Arizona DUI attorney, you can significantly improve your chances of avoiding jail time and securing a favorable outcome. Don’t wait to talk to a lawyer—take action now to protect your rights and future.
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
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Common Defenses for Those Accused of a DUI
As Arizona DUI lawyers, these are some of the most common questions we hear from people regarding drinking and driving charges:
In Arizona, there is a specific timeframe in which charges must be filed—this is called a “statute of limitations.” For a misdemeanor DUI, the state has one year to file criminal charges against you. For a felony DUI, the time limit is seven years. The clock starts ticking from the date of the offense.
Yes, you can be charged with a DUI even if you were not driving the vehicle at the time. The law states that individuals can be charged with a DUI if they are found to be in physical control of a vehicle while under the influence of alcohol or drugs. This means that if you are in the driver’s seat, have the keys in the ignition, asleep in the passenger’s seat on the side of the road, or are otherwise able to operate the vehicle, you may still face DUI charges.
Insurance companies view DUI convictions as high-risk behavior, leading to increased premiums, suspension, or cancellation of your policy. You may also be required to file an SR-22 form with the Arizona Department of Transportation (ADOT), which is a certificate of financial responsibility. This form verifies that you have the minimum car insurance coverage required by the state.
Generally, a first-time DUI offense without aggravating circumstances will be charged as a misdemeanor in Arizona. DUIs with aggravating factors, like multiple DUI convictions, excessively high blood alcohol concentration, or driving with a suspended license, can be charged as felonies.
Refusing a field sobriety test can result in an automatic suspension of your driver’s license for a period of 12 months under Arizona’s implied consent law. Prosecutors can also use your refusal as evidence against you in court, arguing that you opted out of doing the sobriety test because you knew you would not pass.
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