DUI / Extreme DUI

Arizona has some of the most punitive DUI laws in the country.  Without hiring a seasoned and confident DUI Attorney with a proven track record it may difficult to overcome the harsh consequences resulting from a DUI.

Arizona DUI Laws
Title 28 of Arizona Revised Statutes regulates Arizona Traffic offenses. A.R.S 28-1381, and 1382 define the misdemeanor DUI laws, while A.R.S. 28-1383 defines the aggravated (felony) DUI laws.

Under 28-1381(A)(1)
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

  • While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
  • If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol
    concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
  • While there is any drug defined in section 13-3401 or its metabolite in the
    person’s body. (Drug DUI)

Under A.R.S 28-1382.
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

  • 0.15 or more but less than 0.20. (Extreme DUI)
  • 0.20 or more. (Super Extreme DUI)

Under A.R.S. 28-1383
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

  • Commits a violation of section 28-1381, section 28-1382 or this section while the
    person’s driver license or privilege to drive is suspended, canceled, revoked or refused
    or while a restriction is placed on the person’s driver license or privilege to drive as a
    result of violating section 28-1381 or 28-1382 or under section 28-1385.
  • Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
  • While a person under fifteen years of age is in the vehicle, commits a violation of either:
    • (a) Section 28-1381.
    • (b) Section 28-1382.
  • While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of section 28-1381, section 28-1382 or this section.