Best DUI Lawyers Tucson, AZ Of 2024 – Forbes Advisor – Technologist

Arizona DUI laws have some of the country’s highest fees and harshest penalties. After a first DUI offense, Tucson drivers serve mandatory jail time and pay over $1,000 in fines. Aggravated DUI comes with additional penalties that can be stacked with the fines and punishments you’re already facing for DUI or Extreme DUI.

Even if you’re not inside a vehicle, you can still be arrested for DUI in Arizona if your blood alcohol concentration is over 0.08 within two hours of driving. Keep reading to learn how Arizona DUI laws might impact your case, but speak with an attorney for professional advice before moving forward.

Legal Blood Alcohol Concentration (BAC) in Arizona

The state considers any Tucson driver with a blood alcohol concentration (BAC) of 0.08 or higher to be driving under the influence. If you’re driving a commercial vehicle, your BAC cannot exceed 0.04.

Arizona DUI laws differentiate between regular DUI (0.08 or higher) and drivers who are extremely intoxicated:

• Extreme DUI: If your BAC is over 0.15 but still under 0.20
• Super Extreme DUI: If your BAC is over 0.20

For underage drivers, Arizona enacted the “Not A Drop” law. You might hear it called a “baby DUI.” It means any driver under 21 will be charged with a DUI if they’re caught with a BAC higher than 0.00.

Implied Consent Laws in Arizona

By applying for an Arizona driver’s license and operating a vehicle in the state, you automatically agree to alcohol or drug concentration testing—that is known as implied consent. Implied consent laws still apply if you’re unconscious, deceased, or otherwise unable to refuse or agree to the test.

You still have the right to refuse, but you will lose your license for up to a year and cannot reinstate it until you complete some form of alcohol or drug screening. You will receive an Implied Consent Affidavit upon refusal, similar to a DUI citation and with the same penalties and fines.

A DUI lawyer in Tucson can help you better understand your rights under Arizona’s implied consent laws and determine if your BAC test results were illegally obtained.

DUI Penalties in Arizona

Arizona DUI penalties are severe. A first offense involves a mandatory ignition interlock device (IID) install.

• First offense, BAC over 0.08:
  • $1,250 fine
  • Minimum of 10 days in jail
  • License suspension for one year and IID for six months
• Second and third offenses, BAC over 0.08:
  • $3,000 fine
  • 90 days in jail
  • License revocation and IID for 12 months
  • 30 hours of community service
• Extreme DUI, first offense, BAC over 0.15
  • $2,500 fine
  • 30 consecutive days in jail
  • License revocation and IID for 12 months
  • 30 days of drug and alcohol screening
• Extreme DUI, second and third offenses, BAC over 0.15:
  • $3,250
  • 120 consecutive days in jail
  • License revocation and IID for 12 months
  • 30 hours of community service
  • 90 days of drug and alcohol screening
• Super Extreme DUI, first offense, BAC over 0.20:
  • Up to $3,170
  • 45 consecutive days in jail
  • License revocation and IID for 12 months
  • 30 days of drug and alcohol screening
• Super Extreme DUI, second and third offenses, BAC over 0.20:
  • Up to $4,590
  • 90 to 180 consecutive days in jail
  • License revocation and IID for two years
  • 30 hours of community service
  • 90 days of drug and alcohol screening
• Aggravated DUI, second or third offense, BAC over .08
  • Up to $4,000
  • Two or more years in jail
  • License revocation and IID for 12 months, up to 24 months
  • Up to 240 days of drug and alcohol screening
  • Mandatory traffic survival school course

You will also face aggravated charges that add up to two more years in jail and increase all fines if you commit another DUI within 84 months of a previous charge or drive under the influence with a revoked or suspended license or with someone under 15 years old in the vehicle.

What to Expect After a DUI Arrest in Arizona

No matter what happens when you get a DUI in Tucson, remember that you have the right to remain silent and do not have to consent to testing. You will not be jailed for refusing to take a sobriety test, but your driving privileges can be suspended. You will surrender your license, and police officers can still detain you for a DUI if there is other evidence in the car, such as open bottles. If detained, you could spend at least one day in jail. The officers will likely take a blood sample at the station.

If you agree to test and are found under the influence, you will be cited and spend at least one day in jail. Your citation will list your trial’s date, time and location. The arresting officer will also hand you a pink piece of paper, notifying you that your license will be suspended. Request an attorney and hearing as soon as possible to avoid losing your license in 15 days.

If found guilty of DUI, you will need to pay fees and complete community service and drug and alcohol screening to reinstate your driver’s license.