If you are arrested for drunk driving, it is important for you to understand the Arizona DUI laws that will be used to prosecute your case. As is the case in other states, the DUI laws require two cases: one for your driver’s license, and another for the criminal charges.
On the criminal prosecution, the Arizona DUI laws (this may also be called Arizona DWI laws) allow for two legal theories. You may be found guilty for a mere ”impairment” of your driving abilities due to alcohol or drugs. You may also be found guilty of drinking and driving under the “per se” laws if your blood alcohol level is .08% or greater, as determined by taking various tests within two hours of your arrest.
Under the Arizona DUI laws, the minimum sentence for your first DWI offense will be 10 days in jail and a fine of at least $250. For the seond or greater conviction, the minimum sentence will be at least 90 days in jail and a fine of at least $500. For the second or greater offense, you will also most likely be required to lose your driver’s license for at least one year, and you will have to install an igniton interlock device. Regardless of how many times you have been convicted of drinking and driving, the court may also order community service and a drug rehabilitation course.
If your blood alcohol level is greater than .15%. within two hours of your arrest, the Arizona DUI laws are much more severe. It will then be treated as an “extreme” DWI. If you are under 21, you may be found guilty of drinking and driving if any measurable level of alcohol is detected (ie. your blood alcohol level can be much lower than .08%).
Under the Arizona DUI laws, a DUI is normally treated as a misdemeanor. It may become a felony if you have been convicted of a DUI at least twice in the last five years, you were driving when your driver’s license was suspended, or you had a kid under the age of 15 with you while you were drinking and driving.
As far as the driver’s license part of your DUI case goes, your license will be revoked for one year if you refuse to take the tests that the arresting officers attempt to administer. If you have been convicted of drinking and driving twice in the last five years under the Arizona DUI laws, your driver’s license can be suspended for two years for refusing to take the tests. Once you are arrested, you have exactly 15 days to request a hearing with the DMV. It is imperative that you contact several Arizona DUI lawyers as quickly as possible.