Types of DUI Offenses in Arizona

In Arizona, there are six (6) major classifications of DUI offenses:

  1. It is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof and impaired to the slightest degree.
  2. It is unlawful to drive or be in control of a motor vehicle with a blood alcohol concentration (BAC) of .08 or more within two (2) hours of driving.
  3. It is unlawful to drive with certain drugs or their metabolites in the body (for example, marijuana, cocaine, speed, etc.)
  4. It is unlawful to drive with a BAC of .15 or more within two (2) hours of driving. This is an “EXTREME DUI” and will carry additional penalties.
  5. It is unlawful to drive with a BAC of .20 or more. This is a “SUPER EXTREME DUI” and will also carry heavier penalties.
  6. It is unlawful to drive with a BAC of .04 or more if you have a commercial driver’s license (CDL).

Each of the above are separate charges, and a driver can either be charged with one or all. For example, if a driver’s chemical test results in a BAC of .08 or more, he/she will probably be charged with offenses 1 and 2 above. If the driver’s chemical test results in a BAC of .20 or more, he/she will probably be charged with offenses 1, 2, 4 and 5.

If a driver refuses to submit to a chemical test, and no test is performed, he/she may only be charged with driving under the influence (assuming that the officer has enough evidence to make the arrest). However, if a driver does refuse to submit to a chemical test, an officer is authorized to obtain a search warrant and physically take a driver’s bodily fluid (usually blood). Additional charges may be filed if the blood contains alcohol or drugs.

All of these offenses can be charged as felonies (with mandatory prison time) if you have prior DUI’s, your driver’s license was suspended, cancelled, revoked or restricted at the time of the offense. You can also be charged with a felony on your first DUI if you have a person under the age of fifteen (15) in your vehicle at the time of the offense.