Being pulled over under any circumstances causes the average person to panic. But what happens when you’re pulled over for a DUI in Arizona?
DUI is taken very seriously in Arizona, perhaps more seriously than anywhere else nationwide. You’ll face penalties like an immediate license revocation period, even if you don’t test positive for drugs or alcohol.
But, what exactly is the zero tolerance ARS 28-1381 law and what kinds of punishment are you facing when you go to court?
This guide from Changes Healing Center will break down what you can expect when being charged with a DUI in this state and the next steps to take.
Arizona’s ARS 28-1381 Law is a zero tolerance policy for driving under the influence. The law applies to everything from alcohol and street drugs to prescription medication. You do not have to test positive for illicit substances; just show impairment while operating a vehicle.
You might have gotten behind the wheel because you weren’t stumbling or slurring your words. Unfortunately, you don’t have to fail a breathalyzer or drug test to be charged under Arizona’s strict DUI laws. If you show any degree of impairment, such as slowed reaction time or coordination, you meet the state’s standard for impairment.
Technically, you can refuse to take a breathalyzer or drug screening. This doesn’t bode well for your case, though. Immediately after refusal, your license is suspended for at least one year, no matter the results of your DUI case.
Arizona also issues expedited warrants for people who refuse to submit to these tests, which you must follow. Even though it can be difficult to face the consequences straight on, it’s better for your case to comply when you are pulled over.
Imagine that you leave the bar in the car, just to pull over a few blocks away because you realize you are too impaired to drive. Even though nothing happens, you pull over and doze off with the keys still in the ignition. Can you still get in trouble, even though you weren’t in actual physical control of the vehicle?
You can get a DUI charge even if you aren’t driving. Even if you are sitting in a parking lot or on the side of the road, if you are sitting in the driver’s seat with the keys in the ignition, you can be charged.
Penalties for DUI in Arizona, even if it’s your first offense, are harsh. Your license will be immediately suspended after a DUI, at least until you go to court. The length of the suspension depends on how cooperative you are on the scene, your age, and your blood alcohol concentration (BAC).
With zero-tolerance laws, you are still facing a minimum of 10 consecutive days in jail if you’re convicted at trial.
You’ll also need to pay a fine of at least $1,250, have an ignition interlock device installed for your vehicle, and seek screening and/or treatment for substance use disorder. Community service may also be required.
According to Mothers Against Drunk Driving, Arizona has the toughest DUI laws in the United States. Their zero tolerance laws include penalties like an ignition interlock device the first time you’re suspected of a DUI.
Once your license is reinstated, you’ll need to blow into this interlock device (which is like a breathalyzer) before your vehicle will turn on. You may also need to blow in it periodically to keep it running.
There are harsh penalties following second offenses and DUIs with children in the vehicle. Arizona also expedites warrants and increases penalties for people who refuse a breathalyzer. Your license will be suspended up to a year, whether you are convicted in court or not.
Anyone who is believed to be operating a car under the influence of drugs or alcohol will be charged with a standard DUI at a minimum. This means that you cannot blow more than a 0.08 or have the metabolites of any drugs in your blood or urine. If you seem to be impaired, breathalyzer results aside, you can also be charged with DUI no matter the amount of alcohol in your system.
Arizona also has zero tolerance policies for people operating a commercial vehicle using a commercial driver’s license (CDL). For commercial drivers, you cannot test higher than 0.04 on a BAC test. Drivers who blow above the legal limit face driver’s license revocation for a minimum of a year, even when being charged for the first time.
Even for a first time offense, you can be charged with an aggravated DUI if you hurt someone while driving impaired, drive with someone under the age of 15 in the car, or test positive for any amount of intoxicating liquor if you are under the legal drinking age of 21. You’ll also be charged under aggravated DUI laws if you get a third DUI in a period of 7 years, or if you are operating a vehicle after license suspension for DUI.
Aggravated DUI is a felony charge under Arizona laws. You’re looking at a longer arrest period, steeper fines, and other stipulations, depending on the details of your conviction.
You’ll be charged with an extreme DUI if you have a BAC of 0.15 or higher, and a super extreme DUI for a BAC of 0.2 or higher. These are severe felony charges, first-offense or not. Your license will be suspended for a year or longer, and you’ll need an interlock device once you can drive. Super extreme DUIs also come with a minimum fine of $3,000 and at least 45 days in jail.
The decision to drive under the influence of drugs or alcohol is strongly discouraged by the state. While punishments might vary depending on the judge and prosecution, you’ll face severe consequences if this isn’t the first time this issue has brought you before the courts. Repeat DUI offenders often face felony consequences, with jail time and fines that match the severity of the crime.
It can be hard to think clearly, especially if you’re under the influence of alcohol or drugs when you get pulled over. You might start rambling or think it’s better to put off testing, hoping that your blood alcohol concentration comes down some before you are tested. Do your best to avoid these situations.
You should comply with what you are being asked to do, but do not openly admit your guilt. Stay calm and know that if this is your first offense, you may face penalties, but they won’t be as severe as the punishments faced if you choose not to comply. Seek legal help as soon as you can after being arrested, and be sure to attend your court dates.
Even though a drug/alcohol screening is mandatory following conviction for DUI, sometimes just getting pulled over is enough of a wake-up call. You might find yourself questioning your decision and taking a hard look at whether driving under the influence was worth it.
Look at a DUI charge as the opportunity it is. What role do drinking habits play in your life? Do you rely on alcohol to feel normal, or are you trying to escape emotions or stress? Ask yourself the tough questions now, before alcohol use spirals out of control.
Even though seeking treatment is a requirement following a DUI, you don’t have to wait for the courts. These questions will help you look at your drinking habits through a more critical eye and decide if you’d benefit from addiction treatment, even before you go to trial for your DUI.
When you are facing penalties from Arizona DUI laws, these questions might get you started thinking about how alcohol affects you. Often, people who face DUI find that their relationship with alcohol isn’t healthy.
Changes Healing Center can also help you with a confidential drug or alcohol screening. Our team members are caring, and you’ll feel comfortable sharing during your assessment. Being honest is an important part of diagnosing whether you’re dealing with substance use disorder or just at risk.
Chances are, you’ll be referred for a screening and treatment following a DUI violation. It sometimes benefits your case to get ahead of the courts. While you shouldn’t go to rehab to escape penalties or jail time, it does show the judge you are taking things seriously.
Attending rehab doesn’t guarantee leniency. Minimum penalties will still be faced if you are charged with a DUI. However, seeking treatment shows you are willing to take a critical look at how alcoholism is impacting your life. It shows a willingness to make a meaningful change.
If you do choose this route, Changes Healing Center is familiar with the legal process following a DUI. We can help you stay connected with the courts through treatment and provide documentation as needed.
There’s nothing wrong with having a few drinks at a dinner celebration or unwinding on the weekends. But when it causes you to climb behind the wheel of a vehicle, despite Arizona’s strict zero-tolerance laws, it’s time to consider getting help.
We provide a safe, supportive environment at Changes Healing Center. From thorough assessments to evidence-based treatments, no stone is left unturned on your path to recovery. Call us with questions about DUI law or to have your insurance checked so you can start recovery today.