Arizona DUI laws state that Driving Under the Influence (of alcohol, illegal drugs, or prescription drugs that impair driving) can be prosecuted whether the driver is merely impaired or by having a blood alcohol level of .
08% or greater.
This means, if you are driving with a BAC of less than .
08%, you can still be charged with DUI if the officer feels that your driving is impaired.
You can be charged with DUI if your BAC is over .
08% even if your driving is not impaired.
Arizona DUI laws specify that two cases will be initiated when the District Attorney charges you with drunk driving.
The first is the Motor Vehicle's Department hearing.
You have only 15 days from the date of your arrest to request a MVD hearing.
If you do not, this bureaucracy can strip you of your driver's license for 90 days without a court hearing.
The second is the criminal case tried in front of a Judge.
You have the right to a 6 person jury, but you can waive this and have the Judge try it alone.
If you are convicted of a first time DUI, you will be sentenced to 10 consecutive days in jail.
Nine of these ten days can be suspended if you get an alcohol and drug evaluation and pursue any treatment recommended.
You'll pay $750 in fines and surcharges.
You can also be placed on probation for up to 5 years.
The consequences become more severe if you have multiple DUIs, an especially high BAC, or children under 15 in the car when you're arrested.
For instance, under Arizona DUI laws, a third conviction within 5 years requires a minimum of 4 months in jail and thousands of dollars in fines.
You will also lose your license for 3 years.
If you owned the vehicle you were driving at the time of arrest, you could forfeit it.