ARIZONA DUI INFORMATION

If you are charged with DUI in Arizona you need to know this information and the law.

Vehicle Impoundment (Arizona Revised Statute 28-3511)

Your vehicle may be impounded for 30 days if the driver at the time of the traffic stop or collision:

Did not possess a valid driver license or record of a driver license

Had a revoked, suspended or cancelled driver license

Was under the age of twenty one years with alcohol in his/her body

Arrested for Extreme or Aggravated driving under the influence

This mandatory impound law applies to the vehicle the offender was driving, even if the driver is not the owner of the vehicle. Additionally, this mandatory impoundment is also separate from any criminal charges filed against the driver.

You only have 10 days to request a hearing to determine if the vehicle will be eligible for early release.

Ignition Interlock Device (Arizona Revised Statute 28-3319)

As a result of a conviction for driving under the influence, a certified ignition interlock device must be installed on any motor vehicle you operate for a minimum of 6 to 12 months from the date that your driving privilege is reinstated or from the date the Arizona of Department of Transportation receives the report of conviction, whichever occurs later.

An authorized installer must install the interlock. You must pay the costs for the installation and maintenance. Additionally, you must provide the Arizona of Department of Transportation proof from the installer of compliance and inspection of the device during the period that you are required to have the device installed.

Arizona Authorized Installers:

Alcohol Detection Systems, Inc.
888 786 7384
www.stopdwi.com

Alcohol Countermeasure Systems
888 937 9209
www.acs-corp.com

Consumer Safety Technology Inc.
888 560 2628
www.arizmat.com

Draeger Interlock
866 429 7233
www.azsafeharbor.com

Guardian Interlock of Arizona
888 442 2749
www.guardianinterlockaz.com

Lifesafer Interlock
800 635 4410
www.advantageinterlock.com

1A Smart Start, Inc.
800 916 6384
www.smartstartinc.com

Quickstart Ignition Interlock
888 717 8278
www.quickstartaz.com

Admin Per Se Suspension (Arizona Revised Statute 28-1385)

The Arizona Department of Transportation shall suspend your driving privileges for 90 days (30 days consecutive and 60 days restricted), if the evidence supports a finding that a law enforcement officer had reasonable grounds to believe that you had violated Arizona DUI laws, you were placed under arrest, a test indicated an alcohol concentration of .08 or more (.04 or more in a commercial vehicle) at the time the test was administered, the testing method was valid and reliable and the results were accurately evaluated.

If the results of your breath tests were .08 percent alcohol concentration or more, you only have 15 days to request a hearing in order to challenge the administrative suspension of your driving privileges.

Implied Consent Suspension (Arizona Revised Statute 28-1321)

The Arizona Department of Transportation shall suspend your driving privileges for 12 months (3 months consecutive and 9 months restricted*), if the evidence supports a finding that a law enforcement officer had reasonable grounds to believe that you had violated Arizona DUI laws, you were placed under arrest, you refused or failed to successfully complete a designated test for alcohol concentration or drug content and you were informed of the consequences of that refusal or failure.

If you refused to submit to a breath, blood or urine test after being arrested for a DUI in Arizona, or if you tried to submit to the test but the arresting officer said you refused, you only have 15 days to request a hearing in order to challenge the implied consent suspension of your driving privileges.

* Restricted driving privileges may be issued after installation of a certified ignition interlock device and obtaining SR 22 Insurance.

Blood Alcohol Concentration (BAC)

Blood alcohol concentration (BAC) is the amount of alcohol in the bloodstream. A BAC of .05% means the person has .05 grams of alcohol in every 100 ml of their blood.

As the liver metabolizes alcohol (at a rate of about one standard drink per hour), the BAC level drops unless more alcohol is consumed. A person’s BAC is either measured with a breathalyzer, or by analyzing a sample of their blood.

Factors Affecting Your BAC

The more a person drinks, the higher their BAC results are going to be. Two different people, who consume the same amount of alcohol, may have very different BAC results. Below is a list of some of the variables that are determining factors of your BAC:

Fluid Ounces Consumed
(Beer – 12 oz. Wine Glass – 4 oz. 1 Shot – 1.5 oz)

Alcohol Percentage in Beverage
(Beer – 4-4.5% Wine – 15-20% 1 Shot – 30-50%)

Hours Spent Drinking
Your Weight (Lbs)

Body Size: A smaller person will have a higher BAC than a larger person because the alcohol is concentrated in a smaller body mass.

Empty Stomach: Someone with an empty stomach will reach a higher BAC sooner than someone who has just eaten a meal. Food in the stomach slows down the rate at which alcohol passes into the bloodstream.

Body Fat: People with a lot of body fat tend to have higher BACs because alcohol is not absorbed into fatty tissue and the alcohol is concentrated in a smaller body mass.

Female: After drinking the same amount of alcohol, a woman will almost always have a higher BAC than a man.

Because of these variables, counting the number of standard drinks you consume can only give a rough guide to your BAC.

Effects of Alcohol at Specific BAC Levels The effects of alcohol intoxication are greatly influenced by individual variations; some users may become intoxicated at a much lower BAC level than is indicated (below)…

.02 – .03 BAC: No loss of coordination, slight euphoria and loss of shyness. Depressant effects are not apparent. Mildly relaxed and maybe a little lightheaded.

.04 – .06 BAC: Feeling of well-being, relaxation, lower inhibitions, sensation of warmth. Euphoria. Some minor impairment of reasoning and memory, lowering of caution. Your behavior may become exaggerated and emotions intensified (Good emotions are better, bad emotions are worse)

.07 – .09 BAC: Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgment and self-control are reduced, and caution, reason and memory are impaired. You will probably believe that you are functioning better than you really are.

.10 – .125 BAC: Impairment of motor coordination and loss of good judgment. Speech may be slurred; balance, vision, reaction time and hearing will be impaired. Euphoria.

.13 – .15 BAC: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria* is beginning to appear. Judgment and perception are severely impaired.
( * Dysphoria: An emotional state of anxiety, depression, or unease.)

.16 – .19 BAC: Dysphoria predominates, nausea may appear. The drinker has the appearance of a “sloppy drunk.”

.20 BAC: Feeling dazed/confused or otherwise disoriented. May need help to stand/walk. If you injure yourself you may not feel the pain. Some people have nausea and vomiting at this level. The gag reflex is impaired and you can choke if you do vomit. Blackouts are likely at this level so you may not remember what has happened.

.25 BAC: All mental, physical and sensory functions are severely impaired. Increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falls or other accidents.

.30 BAC: Stupor. You have little comprehension of where you are. You may pass out suddenly and be difficult to awaken.

.35 BAC: Coma is possible. This is the level of surgical anesthesia.

.40 BAC and above: Onset of coma, and possible death due to respiratory arrest.

DUI Court Process

The DUI Court Process involves three steps:

Arraignment – The arraignment, during which a plea is entered and the judge may set conditions of release, impose bail, or order you to stay in jail.

Pre-Trial Conference – A varying number of mandatory pre-trial court dates, during which motions may be scheduled, a plea bargain may be entered, or readiness for trial determined.

Trial – The trial, during which the facts of a case are presented and decided on by either a judge or a jury.

Contact Us today for your free consultation with a Phoenix DUI Lawyer.