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DUI penalties in Arizona

Driving under Influence (DUI) is a punishable offence in the state of Arizona. The rules and regulations pertaining to DUI are strict and are subject to harsh penalties if found violated.

Where the BAC (Blood Alcohol Concentration) of the driver is beyond the permitted levels they are charged under DUI. DUI offences are categorized into four. They are as follows :

  • DUI offence by a minor (below 21 years of age).
  • DUI offence by an individual not a commercial driver.
  • DUI offence by an individual who is a commercial driver.
  • Extreme DUI.

The concept of ‘Zero Tolerance Law’ is followed while prosecuting drivers who are minors. No amount of Alcohol Concentration is allowed in the body of a minor while driving, if found otherwise, they are convicted under DUI. In case of individuals above 21 years of age and who are not commercial drivers BAC is allowed up to 0.08%. In the case of a commercial driver the BAC limit is fixed at 0.04%. Where an individual’s BAC percentage is 0.15% and above he is convicted under Extreme DUI.

The state officials convicting an individual under DUI are required to present the case within two hours of driving. They need not prove the intent of violation unlike any other crime. Where the investigating officials stop the vehicles under suspicion, they subject the drivers to a number of tests namely :

  • Roadside Breath Analysis
  • Motor Skills Test
  • Horizontal Gaze Nystagmus.
  • BAC test by breath/blood.

Drivers are expected to extend cooperation in conducting the tests as when required. Non cooperation would amount to termination of license for one year.

Hiring a DUI attorney becomes necessary as the convicted could be subject to severe penalties even if he is a first time offender. Serving a jail term is compulsory for DUI convicts while the time period depends on the severity of the offence. Levy of fines and suspension of licenses are also imposed in addition to a jail term on a case to case basis.