There are many different degrees of severity that individuals charged with impaired driving in Arizona can face. Regardless of whether you’ve been charged with a Standard DUI or an Aggravated DUI, you may be dealing with uncertainty as it relates to legal implications and penalties.
As Flagstaff DUI lawyers with decades of combined experience in criminal law matters, we understand that our clients need expert advice and strong representation to minimize jail time and fines.
In this article, we discuss the state’s terminology regarding Driving Under the Influence (DUI) vs Driving While Intoxicated (DWI), the consequences related to each classification, and why having the right drunk driver attorney representing you can significantly impact your future.
DUI Versus DWI, What’s the Difference?
The main difference between a DUI and DWI is simply the verbiage. Driving Under the Influence is more comprehensive than While Intoxicated, which is why Arizona adopted the term DUI. However, prior to the 1990s, this impaired driving statute was referred to as a DWI.
Many states still use DWI; however, states like Arizona chose DUI to cover a broader range of impairment, not just alcohol intoxication, such as for drugs or vapor-releasing substances.
In other words, Arizona wanted it to be known that any type of impairment while driving is unacceptable–hence the shift from DWI to DUI in the state’s legal framework.
Arizona Legal Implications & Penalties for DUI
In Arizona, DUI penalties are divided into three categories based on BAC level and previous offenses:
Standard DUI
When the driver has a BAC between 0.08 and 0.149 percent.
- Minimum 10 days in jail (9 days may be suspended with completion of substance abuse screening)
- Fines and fees of approximately $1,500
- License suspension for 90 days
- Installation of an ignition interlock device (IID) for 12 months
Extreme DUI
When the driver has a BAC between 0.15 and 0.199 percent.
- Minimum 30 days in jail (21 days may be suspended with substance abuse screening)
- Fines and fees exceeding $2,500
- License suspension for 90 days
- Mandatory IID installation for 12 months
Super Extreme DUI
When the driver has a BAC of 0.20 percent or higher.
- Minimum 45 days in jail
- Fines and fees exceeding $3,000
- License suspension for 90 days
- Mandatory IID installation for 18 months
Aggravated DUI
A DUI involving aggravating factors. This includes a third offense, driving with a suspended license, or with a minor in the vehicle.
- Class 4 felony
- Minimum 4 months in prison
- Fines exceeding $4,500
- License suspension for 12 months
- Mandatory IID installation for 24 months
5 Arizona DUI Frequently Asked Questions
We understand you likely have many questions about your Arizona DUI charge. Below, we’ve answered some of the most common questions our DUI defense team receives. If you don’t see your question listed, please reach out to speak with an experienced criminal defense attorney.
1. Is a DUI a Felony in Arizona?
In Arizona, a DUI can be a felony charge. However, without one of these factors, DUIs are typically classified as misdemeanors:
- Third DUI offense within 84 months (seven years);
- Driving with a suspended or revoked license;
- DUI with a person under 15 years old in the vehicle; or
- Driving the wrong way on a highway while impaired.
2. Is Jail Time Mandatory for a DUI in Arizona?
Yes. Even if it’s your first offense, it is mandatory to serve jail time if charged with any level of DUI. Here’s what the minimum jail sentences for an Arizona DUI look like:
- Standard DUI – At least 10 days (nine days may be suspended with completion of a substance abuse program).
- Extreme DUI – At least 30 days (21 days may be suspended with substance abuse treatment).
- Super Extreme DUI – At least 45 days.
- Aggravated DUI – At least four months in prison.
3. How Long Does a DUI Stay On My Record in Arizona?
A DUI does not get removed from your criminal record in Arizona. You can seek a set aside of your DUI conviction after completing the sentence. Setting aside judgement does not remove the DUI from your record, but it updates it to show that the conviction has been legally satisfied.
If you are charged with a DUI and you have a previous impairment charge from less than seven years prior, enhanced penalties can be applied to your case.
4. Can You Get a DUI Riding a Bike, Horse or Golf Cart?
When it comes to standard pedal-operated bikes, Arizona does not charge intoxicated riders with DUI. E-bikes and motorized bicycles are a different story, and if you operate one drunk, you can get charged with DUI.
A horse is not considered a motor vehicle in Arizona. Therefore, no DUI charge for drunk horse riding. However, public intoxication and/or animal endangerment may be on the table.
A golf cart is considered a vehicle, and DUI laws apply the same as they would if operating a standard car, truck, motorcycle, or SUV.
5. Are DUI Checkpoints Legal in Arizona?
Yes. DUI checkpoints are legal and quite common, especially on weekends, around the holidays, and when special events are in town.
There are a few caveats, though. For instance, law enforcement is required to provide advanced public notice and conduct stops in a neutral, non-discriminatory manner.
Get an Aggressive Arizona DUI Defense Attorney in Your Corner
A DUI charge in Arizona is a serious crime that requires an expert defense. With an aggressive, knowledgeable legal team at your side, such as the law offices of Antol & Sherman, you get an advocate who challenges the state’s evidence–contesting the traffic stop, questioning the accuracy of test results, and refuting witness statements.
Our DUI lawyers know how to negotiate reduced charges, seek alternative sentencing, and best represent you in court.
Find out for yourself exactly how our Flagstaff law firm will represent you by scheduling a free case evaluation today!