What Happens When I Am Charged With DUI/DWI In Arizona?

Posted by Joseph Franks on January 21st, 2020

Last year it has been a record summer for DUI news. Some of the record in June states Tempe police arrested 62-year old man for his ninth DUI, which was his third in just three weeks. The man’s blood alcohol level was recorded at .153 and he was charged with aggravated DUI.

Just a month later, a Tolleson man was involved in a DUI car crash that resulted in the death of a seven-year old girl. He was charged with manslaughter, aggravated assault, DUI, and hit and run.

These are extreme examples of what can happen when someone makes the choice to drive under the influence. They are also very real examples of what you could be up against after making just one poor decision. Here’s what you really need to know about DUI/DWI laws in Phoenix – and how you can avoid additional charges if you are pulled over.

What are the DUI/DWI Laws in Arizona?

Arizona is notorious for its strict zero tolerance policies for operating a motor vehicle under the influence. You can be arrested with any amount of alcohol in your system, even if it’s lower than the legal limit of 0.08 percent.

The exact laws which pertain to DUI/DWI in Arizona are as follows:

• Title 4-241: selling alcohol to an underage person or illegally obtaining liquor by underage person
• Title 28-1381: driving (DUI) under the influence
• Title 28-1382: driving under (DUI) with a blood alcohol concentration (BAC) of .015 or  more
• Title 28-1383: aggravated (DUI) driving under the influence

The Arizona Department of Public Safety (DPS) provides a resource for residents to use to help determine their estimated level of intoxication based on the number of drinks consumed. While this guide is a not a license to behave irresponsibly, it may help the public determine what exactly constitutes the difference between a standard offense and higher offenses like Extreme DUI or Super Extreme DUI.

What to Do if You Are Pulled Over in Arizona

If you are pulled over under suspicion of DUI/DWI, you are not required to complete field sobriety tests. You are, however, required to submit to a Breathalyzer or blood test. The Arizona Department of Public Safety actually has a DUI mobile processing van that supports its officers on the highway. If it’s available, you may be tested right there on the road. If not, you may be obliged to go back to the police station so these tests can be administered. Refusal to submit to a Breathalyzer or blood test will result in loss of driving privileges for anywhere from 12 to 24 months. You will also be required to complete additional screening before restoring your license.

You have the right to legal counsel if you are pulled over. Call your Criminal Defense Lawyer in Arizona as soon as you can. It is perfectly fine to call your attorney while the police are present. In fact, many police officers will allow you to stay on the phone with your lawyer in the police car on your way to the station. When you get there, politely decline to speak with anyone until you have legal counsel present.