by Ken Alexander

Created on: May 01, 2008   Last Updated: May 19, 2008

I am a retired attorney who has handled more than 100 DUI cases.

Current Arizona DUI laws provide the following:

Section 28-1381 provides:

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more

1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars.

3. May be ordered by a court to perform community restitution.

4. Shall pay an additional assessment of five hundred dollars to be deposited by the state

Notwithstanding [the previous] at the time of sentencing the judge may suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

Therefore Arizona has two separate statutes under which you can be charged with a DUI. One is driving while under the evidence of alcohol or drugs. The other is driving with a blood alcohol level of >08 or above. This means that you can be charged with the offense even if your blood alcohol level is below the legal limit (.08) is the court determines you are intoxicated from other evidence. If you are .08 or above you will likely be charged under both sections. If you agree to be referred to an alcohol program you will be able to serve only 2 days in jail.

After conviction the DMV may require you to and pay for a device (interlock device) that you must blow into and be alcohol free before being able to start your car (Sect. 1381(6).

K. If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28-1382 or 28-1383 or an act in another jurisdiction that

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