Elements of DUI in Arizona
Arizona makes it "unlawful for a person to drive or be in actual physical control of a vehicle in this state" under any of five alternative circumstances; each paragraph of subsection A is a separate theory, and a violation is a class 1 misdemeanor. Ariz. Rev. Stat. § 28-1381(A), (C)1
- Impaired to the slightest degree (A)(1) — Driving or in actual physical control "[w]hile under the influence of intoxicating liquor, any drug, a vapor releasing substance … or any combination" thereof "if the person is impaired to the slightest degree." Lawful entitlement to use the drug is not a defense to this theory. Ariz. Rev. Stat. § 28-1381(A)(1), (B)1
- Per se 0.08 (A)(2) — An "alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control," resulting from alcohol consumed before or while driving. Ariz. Rev. Stat. § 28-1381(A)(2)1
- Drug or metabolite (A)(3) — "While there is any drug defined in section 13-3401 or its metabolite in the person's body." A person using a drug as prescribed by an authorized licensed practitioner is not guilty under this paragraph. Ariz. Rev. Stat. § 28-1381(A)(3), (D)1
- 0.04 for commercial and for-hire drivers (A)(4)–(5) — Commercial motor vehicles requiring a CDL, vehicles for hire, and transportation network company drivers. Ariz. Rev. Stat. § 28-1381(A)(4)–(5)1
- Statutory presumptions — For non-commercial cases, a concentration within two hours of 0.05 or less permits a presumption of not under the influence; 0.08 or more permits a presumption of under the influence; readings in between create no presumption but may be considered with other evidence. Ariz. Rev. Stat. § 28-1381(G)1
- Minimum first-offense sentence — Not less than ten consecutive days in jail (all but one day may be suspended on completion of court-ordered screening, education, or treatment), a fine of not less than $250, and two separate $500 assessments. Ariz. Rev. Stat. § 28-1381(I)–(J)1
Practice notes
- Extreme DUI is a separate offense at 0.15 or more (and a separate tier at 0.20 or more) within two hours. Ariz. Rev. Stat. § 28-1382(A)2
- Aggravated DUI — e.g., on a suspended license, a third offense within 84 months, with a passenger under fifteen, while under an ignition-interlock requirement, or driving the wrong way — is a class 4 felony (class 6 for a drug/metabolite violation). Ariz. Rev. Stat. § 28-1383(A), (O)3
- The defendant must be advised at arraignment of the right to a jury trial. Ariz. Rev. Stat. § 28-1381(F)1