DUI In Arizona

A DUI in Arizona is a misdemeanor unless it is a 3rd offense or more within a 5 year period, the defendant's license is suspended, or there is a child in the car, in which case would be considered a felony. The legal limit in Arizona is 0.08. A BAC of 0.150 or higher results in the additional charge of Extreme DUI, which carries much tougher penalties. For persons driving a commercial vehicle which requires a CDL, the legal limit is 0.04. For "minors" under 21 years of age, any measurement of alcohol in the system is illegal. Arizona DUI law has a national reputation as among the nation's roughest, and for good reason. A first offense extreme DUI carries a minimum sentence of 30 days in jail, 20 of which can be suspended under certain conditions (which in Maricopa County usually means that a first-time offender will serve at least 10 days in Sheriff Joe's tent-city).

Every year the DUI Laws in Arizona become more severe, either through judge-made case law, or through legislation promoted by groups such as MADD and prosecutors.

The law in AZ now provides that the police officer has the choice of whether you will be asked to submit to a blood, breath or urine test to gauge the content of alcohol or drugs in your body. The law plays a trick on DUI suspects, in that police officers must tell the DUI suspect that he/she has a right to refuse the chemical test. You do have a right to refuse, but the reality of that "right" is offset by the harsh reality that if you do refuse the officer will almost always get a search warrant and force a blood test.

In suspected DUI cases involving narcotics, the officer may be able to force a urine sample, which means forcibly inserting a catheter if necessary.