Arizona Court Records
- Search By:
- Name
- Case Number
ArizonaCourtRecords.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on ArizonaCourtRecords.us are subject to the Terms of Service and Privacy Notice.
First Offense DUI in Arizona
The state of Arizona refers to the act of operating a vehicle while under the influence of alcohol, drugs, or a combination of both as a DUI violation. A first-time DUI offense in Arizona can have significant legal, personal, and financial repercussions.
Generally, the penalties for a first-time DUI violation depend on the Blood Alcohol Concentration (BAC). Additionally, aggravating factors such as the presence of a child in the vehicle, driving on a suspended license, or multiple DUI convictions can lead to harsher penalties.
What Qualifies as a First DUI in Arizona?
An Arizona DUI counts as a first-time offense if the offender has a clean record for the previous ten years. Arizona Revised Statutes (A.R.S.) Title 28, Chapter 4, Article 3 defines DUI as operating a vehicle within the state while:
- Having a Blood Alcohol Concentration (BAC) of 0.08% or higher within 2 hours of driving or being in control of a vehicle, or operating a vehicle with a BAC of 0.04% or higher if the individual is a commercial driver (BAC refers to the percentage of alcohol in 100g of blood or 210 litres of breath)
- Impaired by drugs, such as marijuana, cocaine, methamphetamine, or their metabolites in the system (A.R.S. § 13-3401).
Arizona law enforcement officers determine impairment through Field Sobriety Tests, physical observations, behavior, speech patterns, and chemical tests (including breathalyzer, Urine, saliva, and hair follicle tests).
Possible Penalties for a First Offense DUI in Arizona
The possible penalties for a first DUI offense depend on the BAC level and the presence of aggravating factors. The table below outlines the penalties for first-time DUI violations in Arizona:
| Determining Factor | DUI Classification | Penalties |
|---|---|---|
| BAC ranging from 0.08% to 0.149% | Standard first DUI | Minimum of 10 days jail time (9 days is suspendable if the offender completes alcohol screening and treatment) Fine and fees ranging between $1,500.00 and $2,500.00 A 90-day license suspension (the offender may be eligible for a restricted license in 30 days) Ignition Interlock installation on the vehicles the offender operates for 12 months Mandatory Alcohol education/treatment Potential community services |
| BAC of 0.15% to 0.199% | Extreme DUI | A 30-day minimum jail time (suspendable with alcohol treatment) Fines ranging from $2,500.00 and $3,000.00 90-day license suspension 12 months of Ignition Interlock Device (IID) installation Potential community Service |
| BAC 0.20% or higher | Super Extreme DUI | A minimum of 45 days in jail Fines and fees of over $3,000.00 90-day license suspension Installation of IID for 12 to 18 months Compulsory alcohol education/treatment |
| DUI violation with aggravating factors such as the presence of a passenger under 15 years, multiple DUI convictions, and operating a vehicle on a suspended license | Felony | Harsher penalties than other types of DUI violations. |
Do You Lose Your License for a First DUI in Arizona?
Yes, drivers can lose their licenses for a first DUI violation in Arizona. Suppose a driver fails or refuses to take a chemical test after a lawful arrest. In that case, the Arizona Motor Vehicle Division (MVD) may automatically suspend the driver's license for 90 days for failing a chemical test or 1 year for refusing one.
After a DUI arrest in Arizona, the arresting officer confiscates the driver's physical license, issues a 15-day temporary driving permit, and serves an Admin Per Se/Implied Consent Affidavit. The offender has a 15-day window after receiving the Admin Per Se/Implied Consent Affidavit to request an administrative hearing with the Arizona Motor Vehicle Division (MVD). Otherwise, the license suspension becomes permanent. Furthermore, the court may impose an additional 90-day suspension, which often overlaps with the MVD suspension.
In Arizona, DUI offenders become eligible for a restricted or hardship license after serving 30 days of their 90-day license suspension. However, to qualify, they must complete alcohol screenings, provide proof of SR-22 insurance, and possibly install an Ignition Interlock Device.
What Is the Implied Consent Law in Arizona and How Does It Affect First DUI Cases?
The Arizona Implied Consent Law (A.R.S. § 28-1321) stipulates that individuals operating vehicles within the state automatically agree to chemical tests upon lawful arrests for DUI violations, such as blood, breath, saliva, and urine tests. Failure to comply with this law triggers automatic administrative penalties, including:
- 12-month license suspension
- Loss of eligibility for a hardship license
- Search warrant to force a blood draw
- Installation of Ignition Interlock Device after license reimbursement.
Additionally, refusing to comply with Arizona's Implied Consent Law may become evidence in court during a court trial.
The Arizona Implied Consent Law emphasizes the state government's commitment to public safety, and the harsh penalties for noncompliance underscore the determination to discourage repeat offenders. Notwithstanding, offenders can challenge the penalty for refusing chemical tests in Arizona.
Is an Ignition Interlock Device Required for a First DUI Offense in Arizona?
Arizona law mandates the installation of a certified Ignition Interlock Device for most first DUI offenses in the state; this applies to drivers with BAC levels above the legal limits and those who refuse to take chemical tests at sobriety checkpoints. Typically, the duration of DUI installation in Arizona is 12 months for BACs ranging from 0.08% to 0.19%, but extends to 18 months for individuals whose BACs are 0.20% or higher.
In Arizona, the offender is financially responsible for installing and maintaining an IID device, including the installation fees, monthly maintenance charges, and calibration and inspection costs. Refusal to install an IID may result in additional penalties.
Can a First DUI Be Dismissed or Reduced in Arizona?
Depending on the circumstances surrounding an arrest and available evidence, DUI violations in Arizona are dismissible. In Arizona, the court may dismiss a DUI for:
- There is a lack of probable cause
- Improper administration of Field Sobriety Tests
- Violation of the offender's constitutional rights.
Also, the court may reduce the penalties for DUI if:
- It is a first-time offense
- The BAC level is close to 0.08%
- The prosecution's evidence is weak
- The offender demonstrates responsibility for the offense and shows willingness to participate in state-approved alcohol education or treatment programs.
Long-Term Consequences of a First DUI
In Arizona, DUI convictions stay permanently on records and are accessible to all individuals conducting background checks. Public exposure of DUI violations may negatively impact job prospects, personal standings, and insurance premiums. For example, a damning driving history can affect employment opportunities in roles requiring clean driving records. Furthermore, DUI violations can increase car insurance premiums or lead to cancellation. In addition, an Arizona DUI conviction can influence the penalties for future violations and criminal charges.
Do You Need a DUI Attorney in Arizona?
While it is not legally mandatory, hiring an attorney for DUI trials in Arizona is advisable. Navigating Arizona's complex DUI laws and severe penalties without a legal representative is risky. An Arizona DUI conviction can result in hefty fines and jail time.
An experienced Arizona-licensed attorney understands how to navigate the laws to protect their clients' interests; they may help to avoid or minimize jail time, preserve a license, or challenge the prosecution's evidence, potentially leading to a case dismissal.