Arizona has zero tolerance when it comes to those who choose to get in the driver’s seat after a drink or two.
The state has some of the toughest laws on the books, including one that can punish people who try to wait for alcohol to leave their system in their car before hitting the road.
There are several penalties for those convicted of DUI, including jail time, a few thousand dollars in fines and an immobilizer that detects excessive alcohol in the driver’s breath.
What happens if I get a DUI in Arizona?
Those who will be convicted for the first time will spend 10 days in jail, suspended for six months or more for people under the age of 21 and a device to enter their car for six months to a year. They will also pay up to $1,250 in fines, under Arizona law.
If a person accused of a crime completes a court-ordered program of alcohol testing, education or treatment, the law states that their prison sentence can be reduced to 24 hours.
That’s all for a typical DUI where the driver has a blood alcohol level between the legal limit of 0.08% and 0.15%. For people who drive cabs, rideshare or commercial vehicles, the legal limit is 0.04%.
There are at least three different categories of DUIs: aggravated, aggravated and aggravated.
First offenders convicted of aggravated DUI, where the driver has a blood alcohol concentration between 0.15% and 0.20%, will go to jail for 30 days and pay up to 2,500 dollars, under Arizona law.
First offenders convicted of aggravated DUI, where the driver has a blood alcohol level of more than 0.20%, will spend 45 days in jail and pay a fine of up to 2,700 dollars, according to the law.
Aggravated DUI, which is a felony, carries penalties for the circumstances surrounding drunk driving and people charged with it can spend a lot of time behind bars.
Having a child under the age of 15 in a car means 10 to 30 days in jail, depending on the BAC level. If the state revokes a driver’s license because of a previous DUI and they are caught driving drunk again, or if it is the driver’s third DUI in seven years, the law mandates four months of jail — not jail — time.
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What happens if this is not my first DUI conviction?
There are higher penalties for non-first-time offenders, but they vary depending on the DUI charge.
Those charged with a misdemeanor DUI will face up to 90 days in jail and a $3,000 fine.
For aggravated DUI charges, people spend 120 days in jail and are fined $325,000. For more serious crimes, the penalty is increased to 180 days and a fine of 3,750 dollars.
People who face the following aggravated DUI charges can spend several years in prison, depending on the circumstances of their case.
Can I be arrested while sleeping on the driver’s seat while drunk?
Yes. Under Arizona law, a person can be arrested if their blood alcohol level is above the legal limit and they were in “physical restraint” of the vehicle.
There is no set definition of the term, but many factors come into play for a law enforcement officer to believe that someone was in “actual physical control” of a vehicle.
This includes where the car was, where the car keys were, the car was parked, where the driver was, why the driver was in the car, what the driver was doing in the car when the authorities arrived and. more.
The court will decide, based on all the various factors, if the person has “actual physical control” of the vehicle.
Do I have to take a breathalyzer test if I get pulled over?
There is no requirement to take a breathalyzer test unless the officer has a warrant or believes there is reasonable grounds to do one without a warrant.
But if someone refuses to take it, their driver’s license can be suspended for one year, according to Arizona law. If they refuse again during a separate stop, their license can be suspended for two years.
To avoid any chance of being charged with a DUI, hire a private driver or use a rideshare service.
What should I do if I face DUI charges?
Hiring an attorney is a good idea for any legal matter.
Drivers convicted of DUI can be charged with multiple crimes at once following a DUI arrest with court cases similar to a misdemeanor.
For example, the driver can face different counts of violations to a small degree, BAC is more than 0.08, illegal drug metabolites in the blood, and a child under 15 in the car. Prosecutors and defense attorneys can negotiate plea deals that reduce charges and penalties.
This article originally appeared on The Arizona Republic: Arizona DUI laws and penalties explained