Frequently Asked Questions about drunk driving / DUI charges in Arizona.
What are the penalties for a DUI Charge if you are Under 21?
In most cases, the penalties are similar to a regular DUI penalty. It is still a Class 1 misdemeanor charge, with maximum penalties of up to 6 months in jail, and 3 years of probation, as well as significant fines.
However, you will likely face additional license suspension period of 2 years. In addition, you may face an additional charge of a minor consuming alcohol.
What is An Extreme DUI?
An extreme DUI under Arizona drunk driving laws is a case where the defending registers a .15% BAC or higher on a breathalyzer/breath test machine or blood test. The legal limit for alcohol is .08% in Arizona. An extreme DUI charge will result in significantly higher penalties. See our first offense and second offense DUI laws pages.
I Passed The Breath Test (Under .08%) Can I still be Charged with DUI?
Yes, it is possible, and absolutely happens. Sometimes, and under .08% is known as a “slightest degree” DUI charge. If the prosecutors feel that they can prove that your driving was impaired, or perhaps they suspect that you were under the influence of a drug in addition to alcohol, they may go ahead with the case.
However, as a practical matter, many DAs will not pursue the case since they can be very tough to convict. And if they do pursue a prosection, it can absolutely make sense for you to fight the case at trial. Most experienced Arizona DUI defense lawyers love these cases, since they state is essentially handing you evidence that suggests reasonable doubt.
What are the rules for Marijuana DUI?
It is illegal to drive while impaired by any intoxicating substance, including marijuana.
The state courts just reversed the previous zero tolerance policy, but you can expect prosecutions to continue aggressively. But they will have to prove actual impairment at the time of driving, which can be done with testimony regarding field tests, or active Hydroxy-THC in the bloodstream, if a blood test is given.