09 Sep Everything You Need to Know About DUIs in Arizona
Arizona has some of the strictest DUI laws in the country. Our state’s zero-tolerance policy and implied consent laws make it tough to fight a DUI. And if you get convicted, you’ll be facing consequences like jail time, a suspended license, and driving with an interlock device for a year.
Here’s what to do if you get pulled over, and why you’ll need a lawyer if you get charged.
What to do if you get pulled over:
Stay calm. Be polite. And don’t say anything that might be incriminating. Police officers will ask you a lot of leading questions about where you’re going or what you’ve been doing or the infamous, “Do you know why I pulled you over?”
You must present your license and registration if asked to do so, but the only question you are legally obligated to answer is, “What is your name?” Otherwise, you can invoke your right to remain silent. Ask if you are free to go. If not, then state that you will not answer any further questions without a lawyer present.
DUI checkpoints are also pretty common in the Phoenix area, especially on holiday weekends. If you can avoid a checkpoint by changing your route, it’s fine to do so, but if you make a sudden illegal turn, you’re probably going to get pulled over.
If you ever have to go through a checkpoint, stay calm. And if you get arrested for being over the limit, don’t answer any questions until you’ve spoken with a lawyer.
Can you refuse to take a breath test?
Arizona’s implied consent laws mean that when you apply for a driver’s license, you are agreeing to comply with law enforcement if you get behind the wheel. This includes any requests to check for drugs or alcohol in your system. If you refuse to give your consent, that technically means you’re breaking the law.
Refusing a breath test will mean an automatic 1-year suspension of your licence and harsher sentencing if you are found guilty.
What are the penalties for a DUI conviction?
A DUI conviction usually means a jail sentence, a suspended license, and having to install a breathalyzer.
Here’s what the penalties for a DUI can look like in Arizona:
- Mandatory sentences range from 24 hours to 6 months behind bars
- Automatic suspension or revocation of driver’s license
- Fines of at least $250, up to $2,500 (plus court fees)
- Impound fees of up to $25/day, plus towing and administrative fees
- Driving with a breathalyzer for one year
- Traffic school classes and/or substance abuse counseling
What if it’s your second DUI?
Arizona already goes hard on first-time DUI offenses, but a second offense is another story entirely. Your license will be revoked, and you’ll be looking at a sentence of 90 days in jail, plus fines and other penalties. If you’ve had DUI at any point over the last seven years, you’ll definitely need a lawyer.
When is a DUI a felony?
A regular DUI charge turns into “Aggravated Driving” when:
- You’ve had 3 or more violations within 7 years .
- You were driving without a court-ordered ignition device
- You were driving while your license was revoked or suspended
- You were driving the wrong way on a highway
- You were driving with a BAC level of 0.08% or more while a child was in the vehicle
Can you get a DUI if you’re under 21?
Yes, you can still get a DUI if you’re underage. For juveniles (under 18) it usually means losing your license, paying fines, performing community service, and going to counseling. If you’re 18 or older, though, that means facing the same penalties as other adults.
Jail time is unusual for a first DUI as a minor, but it depends on the circumstances. Other charges like reckless driving, using a false ID, or illegal drug possession could be stacked on top of a DUI.
Does Arizona have stricter DUI laws than other states?
Arizona has some of the strictest DUI laws in the nation. We’re talking about mandatory jail time, license suspension, and installation of an interlock device, even for first time offenders. And a DUI conviction will also show up as a criminal record in background checks for years to come.
You can get a DUI in any type of motorized vehicle, whether it’s a boat or a motorcycle or even a motorized bicycle. You can even get a DUI if you were not actively driving. Getting into the driver’s seat is enough for the police to assume you have “physical control” of the vehicle.
You can also get a DUI for prescribed medications.
It’s not just alcohol, marijuana, or illegal drugs that you have to worry about—sometimes prescription meds can get you charged with a DUI as well. If your prescription has a warning on the label that it might impair your ability to “operate heavy machinery” that means it could impair your ability to drive a car or truck. Many pain killers, sleep aids, and mood stabilizers fall into this category.
The laws are even stricter if you have a Commercial Driver’s License.
If you have a CDL and you get charged with a DUI, you will probably lose your license. The blood alcohol limit for CDL holders is a mere 0.04%, and it doesn’t matter if you were driving your own vehicle or a work vehicle.
If you hold a CDL, you face a 1-year disqualification for:
- BAC of 0.08% or higher in personal vehicles
- BAC 0.04% or higher in commercial vehicles
- An additional 1-year disqualification if convicted in court
Fighting DUI Charges in Arizona
Beating a DUI charge in Arizona won’t be easy, but with the right lawyer on your side, it’s possible. If you got pulled over for driving under the influence or you got caught at a DUI checkpoint, you’re going to need a lawyer who knows how to handle these types of cases.
They may be able to get the case dismissed based on lack of evidence, lack of probable cause, or a violation of your Miranda rights. If not, they may be able to get the charges reduced. For example, if you had a DUI five or six years ago, they might be able to get it tried as a first DUI instead of a second offense.
Can you challenge a driver’s license suspension?
You can challenge a suspension, but you only have 30 days to request a hearing. You’ll have to submit a written request to the MVD. If your case is eligible, the suspension will be on hold until after the hearing.
How do you get your license back after a DUI?
Getting your license back can take quite a while. First, you’ll have to wait until your suspension period is over. You’ll also need to complete Traffic Survival School as well as drug and alcohol screening. Then you’ll have to get an ignition interlock device installed. After you’ve paid the reinstatement fees, you can finally apply to get your license back.
If you’re facing DUI charges in Phoenix, Scottsdale, or Chandler, call Coolidge Law!
In situations like these, it helps to know who to call. Todd Coolidge has been handling DUI cases for over 30 years, and his team knows exactly what to do, no matter the situation. If you have been pulled over or arrested for suspicion of driving under the influence, we’re ready to fight on your side.
Call Coolidge Law today to request a free consultation.
Photo by Hadden Newlander on Unsplash used with permission under the Creative Commons license for commercial use 9/9/26.
