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ARIZONA ZERO TOLERANCE DUI LAW

March 21, 2024 Uncategorized

Driving under the influence of alcohol or drugs is illegal in many states, most especially in Arizona. In Arizona, the DUI laws are stricter than any other part of the United States of America. It is a zero-tolerance state, which means its DUI laws ban a motorist from operating a vehicle if they have a blood-alcohol content (BAC) of 0.08% or if a driver’s impairment, even to the slightest degree, is due to alcohol or drugs.

Arizona’s DUI Penalties

Arizona is known to be one of the strictest states for DUIs because of the number of penalties they place on offenders caught driving under the influence. There are three types of DUIs in Arizona. Factors such as blood-alcohol content, a previous conviction, the presence or absence of minors in the vehicle, and several others determine the intensity of the DUI types.
The three types of DUIs in Arizona are Standard DUI, Extreme DUI, and Super Extreme DUI. In each of these types, there is the first offense and the second offense. The first offense indicates no prior crime committed by the driver, whereas the second offense shows the perpetrator has a previous DUI charge.
The blood-alcohol content limits are 0.08+, 0.15+, and 0.20+, for Standard, Extreme, and Super Extreme DUI, respectively. The penalties faced by DUI offenders include jail time (there is an option of home detention), payment of fines, suspension or revocation of driver’s license, community service, installation of an ignition interlock device, and counseling.
In Arizona, a third DUI offense within seven years, in any of these types of DUI, is considered a felony. A third DUI offense attracts a mandatory prison sentence of about four months, one-year license revocation, a two-year interlock device requirement, and over $4,000 in fines.

Constitutional Rights at Arizona’s Sobriety Checkpoints

The level of DUI cases in a state like Arizona prompted the government to establish sobriety checkpoints where officers ensure that motorists have their blood-alcohol content within the legal limit of 0.08%. As a citizen of the state, it is essential to know your rights at these checkpoints. Keep in mind that:

  • You have the right not to answer the questions asked by the officers. You should, however, be very polite in deciding not to answer these questions.
  • You can respectfully refuse to carry out the DUI Standard Field Sobriety Tests (FST). These tests include walking in a straight line, touching your nose, and others.
  • You can also refuse to participate in a chemical test such as blood or breath tests. However, this could have some consequences.
  • You have the right to ask for legal representation.
  • You should know that it is a lawful request if the police officer asks you to produce your driver’s license and registration. And as such, you are required to present this information and other forms of identification needed.

Protect Your Rights!

Because Arizona is an authoritarian state for DUI laws, a single mistake on your part or a false charge could negatively change your life. Officers have wrongly accused several Arizona citizens of driving under the influence. Such individuals could have easily avoided this if they were more informed about their rights. A DUI defense attorney educates you on your rights and helps you in your DUI cases. Contact us today!

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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