The Arizona DUI law states that a person is considered to be driving under influence if they are proven to be under the control of alcohol while driving or in physical control of a motor vehicle. An individual may be tested if the arresting police officer had reasonable grounds to believe the individual was driving or in control of the motor vehicle while under the influence of alcohol or drugs.

The following outlines the different areas of DUI offenses (it's always advised to contact a DUI attorney in Tempe for professional assistance)

Criminal Status:
Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.

Jail Time:
DUI: 1 - 10 days
Extreme DUI: 10-30 days.
Aggravated DUI: Terms in prison vary depending on violation.

Arizona DUI Fines/Costs:
DUI: A minimum fee of $250 (plus $500 for the prison construction fund and an additional $500 is also due and goes towards the Arizona State general fund).

-Extreme DUI: Minimum fee of $250 (plus an additional $250 DUI assessment, $1,000 for the prison construction fund, and another fee of $1000 for the State general fund)

-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).

Jail costs:

An 80% surcharge on the base fine is levied on each DUI offense.

Arizona License Suspension:
DUI: 90 days.
Extreme DUI: 1 year.
Aggravated DUI: Your license revoked for 3 years.

Arizona Probation:
DUI: Up to 5 years (informal, may not be supervised).
Aggravated DUI: 10 years.

Vehicle Impound:
Yes, for extreme DUI and aggravated DUI.

Arizona Alcohol Screening/Education Treatment:
Mandatory for aggravated DUI. Possible for other DUI offenses.

Arizona Ignition Interlock Device:
Required for extreme and aggravated DUI.

Community Service:
May be ordered to perform community service.

After the arrest, according to Arizona DUI laws, the individual must complete the blood alcohol test, the breath test or the urine test.  If they refuse to comply, their license or permit may be suspended or denied for twelve months on the first offense and up to two years for the second offense.  Under Arizona DUI laws, the probation period between the first offense and the second offense remains in effect for seven years or eighty-four months.  Failure to agree to take the test or unsuccessful completion of the test is constituted as refusal.

Arizona DUI laws restrict the blood alcohol content even more when the offender is driving a commercial vehicle.  The levels in this case are .08 and .04 or higher. The offender will receive a ninety day suspension of their license. They will also be required to complete alcohol and drug screens.  An individual who is dead, unconscious, or unable to refuse the blood test is not considered to be refusing the test.

If an individual refuses the test, this fact will be noted in the officer’s report to the Department of Motor Vehicles.  A suspension will be order and will remain in effect for fifteen days.  Surrender of their license or permit will take effect immediately.  If the individual does not surrender their license, the report to the Department of Motor Vehicles will state the reason for the lack of surrender.  The offender will be issued a temporary fifteen day permit until the time of their appearance in court.  All the paperwork from the arrest will be forwarded to the Department of Motor Vehicles by the arresting officer.  His report is subject to penalties for perjury.  He cannot falsify the arrest record.

Arizona DUI laws permit the arresting officer to administer breath tests at the scene of the arrest.  This test may be used at the trial.  The administering officer must use a device approved by the Department of Motor Vehicles and must have department approval for administering the test.  The officer should administer multiple tests.  The test results should be within .02% of each other.  The officer must follow the approved check list for administering the breath test.  They must operate the device properly and see that it is properly maintained.

Arizona DUI laws carry severe penalties. Loss of your license is one of these penalties. Knowing the law can help you avoid additional problems.  The best idea is don’t drink and get behind the wheel of a motorized vehicle.