In 2012, 1.7% of people in Arizona reported driving after drinking too much. In 2018, there were 27,104 DUI arrests. The state of Arizona has aimed to decrease the rate of drunk driving by implementing certain strategies, like sobriety checkpoints, ignition interlock laws, and license suspensions. Despite a tough crackdown in Arizona on drunk driving, it continues to be a deadly problem that can carry severe consequences.
Arizona has extremely strict DUI laws. Any driver aged 21 and up who is driving while under the influence of alcohol or any drug is guilty of a DUI. Like many states, the blood alcohol content required for a DUI is .08%. Drivers under 21 are subject to a zero-tolerance policy, so they may be guilty of a DUI with any amount of alcohol in their system. A driver’s first standard DUI may subject them to up to ten days in jail, a $250 fine, license suspension for up to a year, and a required driver interlock device. For each additional DUI offense, the penalties continue to increase.
There are thousands of aggravated DUI arrests in Arizona each year. An aggravated DUI is classified as a felony in Arizona and carries even harsher penalties than a standard DUI. A driver may be charged with an aggravated DUI when they are driving under the influence and additional “aggravating” circumstances are met. Factors that may elevate a DUI to an aggravated DUI include:
If any of these aggravating circumstances is met, the driver may be charged with either a class 4 or 6 felony. Both a class 4 and class 6 felony come with prison time. For a class 4 felony, the maximum sentence is 3.75 years, while a class 6 felony carries a maximum sentence of 2 years. However, if this was not your first felony, your sentence may increase with the number of allegeable prior felonies.
Other penalties that may come with an aggravated DUI include:
These penalties can be burdensome. An ignition interlock device is a device that prevents you from turning on your vehicle if your blood alcohol content is above a certain level. The driver blows into the device to start the car and at random intervals during the drive. An SR-22 is a certificate you must file with your insurance company to certify that you have insurance. The insurance company must notify the DMV if the policy lapses.
It is important to note that because an aggravated DUI is a felony, anyone convicted of an aggravated DUI will suffer other consequences related to having a felony conviction on their record. For instance, a person convicted of a felony in Arizona may not receive public benefits like food stamps, public housing, or workers’ compensation. Certain state professional licenses may be revoked as well, such as cosmetology, real estate, and pharmacy technicians. You may also lose the right to vote, own a gun, or join the military. A felony conviction may come into play in the case of a child custody dispute, where parents with certain DUI convictions will be presumed to be unfit unless the parent can show that they haven’t been convicted of a felony in the last five years and have since completed treatment. Finally, having a felony conviction on your record may be used to impose tougher penalties on you if you are ever charged with a felony again.
An aggravated DUI is distinct from an extreme DUI, which is a standard DUI where the blood alcohol content is between .15% and .2%. After .2%, the offense becomes a “super extreme DUI.” The penalties for extreme and super extreme DUI’s are also severe, but they are not felonies like aggravated DUI’s are.
Penalties for a first extreme DUI offense include 30 days in jail, a $2,500 fine, alcohol education or treatment, community service, or a certified ignition interlock device. For second-time offenders, you may be jailed for up to 120 days, fined at least $3,250, and have your license revoked for 12 months, in addition to the alcohol treatment, ignition interlock, and community service requirements.
Super extreme DUI’s, while still classified as a misdemeanor, it still results in a minimum sentence of 45 days of jail time and a minimum fine of $2,750.
The statute of limitations, or legal time limit, on when Arizona may bring an aggravated DUI charge is seven years. The statute of limitations period starts running when the crime becomes known to the state, or when it should have been discovered by reasonable diligence, whichever is first.
After the seven-year period runs out, the state can no longer bring a charge against the suspected driver. In some situations, however, the period may toll, such as if the driver becomes a fugitive, in which case the statute of limitations period begins once the driver is apprehended or surrenders.
When you’re pulled over for a suspected DUI, the officer will usually take a BAC test, also known as a Breathalyzer test. All drivers licensed in Arizona impliedly consented to be tested by accepting the license. You may withdraw your implied consent to avoid a BAC test, but this can carry consequences as well. Upon refusal, the officer can immediately take your license or permit and suspend you for 12 months, or 24 months for any refusals thereafter.
A suspension for refusal to submit to a BAC test may be challenged on several grounds, including whether the officer had probable cause to suspect you of a DUI, or whether the officer warned you prior to your refusal that your license would be suspended. You must file a written challenge within 15 days after the arrest.
One important distinction is if you have an ignition interlock device on your vehicle, and you refuse to submit to a BAC test, you may be charged with an aggravated DUI.
Aggravated DUIs carry extremely severe penalties compared to standard or extreme DUI’s, and Arizona has relatively harsh penalties compared to other states. The best way to avoid an aggravated DUI is by refraining from driving while under the influence, but if you have been arrested and charged with an aggravated DUI, it is best to seek counsel who may help make sure your rights are protected during the process. Although the penalties may seem overwhelming, an experienced attorney may be able to identify procedural issues with your arrest and BAC testing to help minimize your penalties. You should not try to handle your aggravated DUI charge on your own.