Arizona DUI Defense Attorney

All DUIs in Arizona are class one misdemeanors except for Aggravated DUIs, which are felonies. A misdemeanor DUI is punishable by a maximum of 6 months jail time and up to 5 months of probation. Felony DUIs, also known as aggravated DUI, have a more complex sentencing structure where the potential range of incarceration time varies depending on the circumstances of the offense. See our Aggravated DUI page for more information on felony DUIs in Arizona. 

There are four main categories of DUI in Arizona which depend on the level of your blood alcohol concentration (BAC) or the presence of drugs in your bloodstream. Scottsdale Arizona DUI defense attorney Dave Smith is prepared to answer all of your questions regarding the implications of the category of DUI a person is charged with. The four main categories are: 

• Regular DUI:  Driving while impaired to the slightest degree / With a BAC at or above a .08
• DUI and Drugs:  Driving with drugs or a metabolite of drugs in your blood stream
• Extreme DUI:  Driving with a BAC at or above a .15
• Super Extreme DUI:  Driving with a BAC at or above a .20

In Arizona, a person can be found guilty of DUI if proved to be impaired to the slightest degree. A person is presumed to be under the influence of alcohol in Arizona if their BAC is .08 or higher. On the other hand, a person whose BAC is 0.05 or less, it may be presumed that person is not under the influence of alcohol. 

The state also pursues DUI charges where the BAC is less than .08 but more than 0.05. In this situation, the BAC test result will not give rise to a presumption that the defendant was or was not under the influence. However, the state will use the chemical test result as a factor to consider along with other competent evidence in determining a person's guilt or innocence.  

• Impaired to the Slightest Degree A.R.S. § 28-1381(A)(1) –

• This is Arizona’s lowest category of DUI and deals with the suspicion of being under the influence. A driver may be found guilty of DUI if proved to be under the influence of alcohol or drugs while impaired to the slightest degree. 

• As evidenced by driving cues, signs and symptoms of physical impairment, and any oral admissions made.

• Driving While Impaired with a BAC .08 – .149 A.R.S. § 28-1381(A)(2) –

• This category of DUI deals with the scientific, chemical testing of blood and/or breath in order to prove the defendant is impaired. A person can be found guilty of DUI if they have a BAC of .08 or more within two hours of driving or being in actual physical control of the vehicle.

• DUI Drugs A.R.S. § 28-1381(A)(3) –

• This category of DUI deals with the presence of drugs or metabolites in your body. This includes illegal drugs, prescriptions drugs, and illicit drugs listed in A.R.S. 13-3401. Here, the state must prove that the person was driving a vehicle (or was in actual physical control) while there is any drug or its metabolite listed in the above statute in the person’s body. 

• If the offense deals with illegal drugs, it is a strict liability offense for having illegal drugs in your body. Therefore, the state does not have to prove that you are impaired to the slightest degree. However, the traffic stop must still be based on reasonable suspicion and any chemical testing must be supported by probable cause. 

• If the offense deals with prescription medication, it is an affirmative defense to DUI charges that you have a valid prescription from a licensed medical professional and you are taking the medication as prescribed.