What You Need to Know About the Arizona DUI Laws

Understanding Arizona’s DUI laws is essential if you ever find yourself facing charges. Get the facts in this comprehensive overview from Attorney Derek Oliverson.

Understanding Arizona DUI Laws

At Oliverson Law DUI & Criminal Defense, our attorneys include a former DUI judge, police officer, and DUI prosecutors.  In addition, we have represented thousands charged with DUI’s in Arizona.  This unique experience gives our clients the team necessary to get you the best possible result in your case.

Arizona DUI laws are known for being among the harshest in the country. It’s considered a DUI “zero tolerance” state, it is also known for its strict treatment of misdemeanor and felony DUI cases. Although DUIs are usually charged as misdemeanors, every DUI conviction earns the driver at least one day of jail time due to the strict Arizona laws. 

According to Arizona DUI laws, you can be pulled over while driving or having actual physical control of a vehicle if it is suspected that you are under the influence or impaired to the slightest degree. If it is determined during a field sobriety test that you have a blood alcohol content (BAC) higher than the legal limit of 0.08 percent, you will be arrested and criminal charges will be filed against you. 

The several types of DUI vary based on certain determining factors in addition to BAC, such as whether the driver has a commercial driver’s license (CDL), is under the legal age to drink, or is driving on a suspended license when arrested.

 

Fighting DUI Penalties in Arizona

If you are arrested for operating a motor vehicle while impaired to the slightest degree, you should immediately contact experienced attorneys to fight a potential DUI conviction and penalties. A criminal conviction for DUI can bring lasting repercussions, especially when coupled with other legal issues like extreme DUI, super extreme DUI, aggravated DUI, or alcohol-related crashes. 

For most DUI offenses, however, the attorneys at Oliverson Law DUI & Criminal Defense may be able to get your case completely dismissed or reduce the criminal penalties to Continuous Alcohol Monitoring or House Arrest. With an excellent Arizona DUI lawyer from Oliverson Law DUI & Criminal Defense located in Phoenix, you stand an excellent chance to win your DUI case. The criminal defense attorneys at our DUI law office are precisely what you need to fight your felony or misdemeanor charges.  We have literally been on every side of a DUI case as a former police officer, DUI prosecutors, and a DUI judge.

 

Basic DUI Laws in Arizona

According to DUI laws in Arizona, anyone driving or having actual physical control of a vehicle with a blood alcohol concentration of 0.08 percent or higher can be charged with a DUI leading to a DUI conviction. However, commercial drivers in Arizona face the consequences if their blood alcohol content is 0.04 percent or higher, whether they are driving for their job or are in actual physical control of a motor vehicle they own. 

Plus, underage drivers (those below the age of 21) should not have any alcohol in their system when they are pulled over. If they are found driving under the influence of intoxicating liquor during an alcohol screening, they stand a chance of being convicted of underage DUI drinking.

Arizona DUI Laws section

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Common Arizona DUI Penalties

 DUI offenders face strict Arizona DUI penalties based on what they are charged and convicted of, as well as whether it was their first offense. Repeat offenders driving under the influence of drugs or alcohol face severe penalties if they are found guilty, including: 

  • Certified Ignition Interlock Device
  • Driver’s License Revoked
  • Driver’s License Suspension
  • Mandatory Jail or Prison Time
  • Perform Community Service
  • Permanent Charges on Your Record 
  • Points on Your License 
  • Severe Fines
  • Traffic School

Beating a DUI charge can be simple if you have experienced DUI lawyers by your side. They will closely look into your case to find loose ends and offer you sound legal advice to help you beat your case. 

At Oliverson Law DUI & Criminal Defense, we have represented thousands charged with various DUI offenses in Arizona.  We have had several of our client’s cases completely dismissed, and even if the State has a strong case against our clients we have had hundreds of cases substantially reduced. 

Beating an AZ DUI and Subsequent Offenses 

According to Arizona law, several factors can impact a DUI case. If you are found driving on a restricted license or with a blood alcohol level that far exceeds the legal limit on a chemical test, you will lose your driving privileges and face other penalties. 

However, there are many opportunities for mistakes from the prosecution with so many aspects to consider. Counsel should examine every possible argument.

Below are ways in which you can beat a DUI in Arizona.

  • If the police officer pulls you over while driving your vehicle he must be able to articulate reasonable suspicion that you had, or were about to, violate Arizona criminal or civil traffic law.  If they stop you without reasonable suspicion it could be a severe violation of your constitutional rights.
  • If the police officers conduct an illegal search on you, they are prohibited from doing so without your consent or probable cause.  This includes drawing your blood to determine your blood alcohol content.  There are many steps and legal procedures the police must follow in order to use a blood result against you.
  • If the breath testing is inaccurate or the breath test operator is unlicensed.  We look into every machine the police use to test your breath to determine if the results are even reliable.
  • If the police officer fails to conduct duplicate testing.

Consulting a Mesa DUI lawyer is an essential first step in fighting a first-time DUI offense or other offenses perpetrated under the influence of alcohol or drugs.

 

Arizona DUI Laws First Offense

 According to Arizona DUI laws, a first-offense DUI is a class 1 misdemeanor with penalties that include the following:

  • Alcohol and drug screening and counseling
  • Fines of at least $1,600
  • Minimum jail time of at least 10 days for the lowest DUI conviction
  • License suspension of at least 90 days and up to one year
  • Traffic school
  • Use of a certified ignition interlock device for one year

Minimum fines and sentences are more significant if the BAC was at an extreme level of 0.15% or higher, or a super extreme level of 0.20% or higher, the person is driving a commercial vehicle or has a CDL, or is an underaged driver.

If you are facing charges in a criminal case in Phoenix, contact Oliverson Law DUI & Criminal Defense today at (480) 582-3637 to schedule a free initial consultation with our criminal defense lawyers.

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Arizona DUI Penalties

Arizona Revised Statutes DUI

 According to Arizona revised statutes regarding DUI, a DUI offense could consist of registering over the limit on a drug and alcohol screening for any of the following:

  • Alcohol
  • Intoxicating liquor
  • Toxic substance
  • Vapor releasing substance
  • Any drug, even if prescribed, if it impairs you to the slightest degree

Under Arizona law, driving while under the influence of any substance that impairs one’s judgment, motor function, or perception can result in days in jail. You do not want drug and vehicular crimes ruining your life. Therefore, you need the experience and aggressive attorneys at Oliverson Law on your side.  Being charged with DUI in Arizona can cause a lot of stress, but with the trusted DUI attorneys from Oliverson Law on your side, you can rest assured that your future is in good hands. 

 

How to Get a Good Lawyer for DUI in Arizona

Oliverson Law is a top-rated DUI law firm in Arizona. We have been consistently rated among Arizona’s top DUI defense firms due to our commitment to our clients and diligent DUI defense and our experience as a former police officer, prosecutors, and judge. Unlike other large criminal defense law firms, our DUI attorneys will give your criminal case the personal attention it deserves.

Our legal team has years of experience representing clients in felony and misdemeanor DUI criminal cases. We are ready to listen to your story and develop a strong defense strategy. Our main offices are conveniently located in the Phoenix metro area, so please contact us to schedule a free consultation and begin a successful attorney-client relationship.

Arizona Revised Statutes DUI

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Over the length of their careers, the attorneys at Oliverson Law DUI & Criminal Defense have helped thousands of people successfully fight their criminal charges.

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Tempe Criminal Defense Lawyers

Hire a Tempe Criminal Lawyer If you have been arrested or charged with a crime, the criminal defense lawyers in Tempe, Arizona at Oliverson Law, PLLC are here to help. Our Tempe, Arizona criminal defense lawyers can review your case, review the evidence against you, and fight to either get your charges dropped or reduced. Every criminal case is unique. If the state’s evidence is strong, the criminal defense lawyers in Tempe, Arizona may be able to work with prosecutors to help you secure a plea deal or see if there are diversion programs available to help you get your charges reduced or dropped. For example, with certain drug crimes or DUIs, diversion programs or substance abuse treatment programs may be alternatives that can help you avoid some of the more serious penalties of a criminal conviction. When it comes to fighting a criminal arrest or charge, it helps to have a criminal defense lawyer on your side who understands the criminal justice system from multiple perspectives. The criminal defense lawyers in Tempe, Arizona at Oliverson Law, PLLC include a former judge, former prosecutor, and former police officer on our team. We understand criminal prosecution and criminal cases from diverse angles. Using this knowledge, we can work with you to build the strongest possible case and help you navigate the criminal justice system.

According to Tempe, Arizona’s crime statistics and reports, some of the most commonly reported crimes include assaults, aggravated assaults, theft, burglary, and motor vehicle theft. Oliverson Law, PLLC is a criminal defense law firm in Tempe, Arizona that helps individuals facing assault charges, theft charges, burglary charges, and motor vehicle charges fight these charges and arrests. We handle a wide range of criminal cases including domestic violence cases (that include assault or aggravated assault charges), theft charges, drug crime charges, property crime charges, and more. If you are facing criminal charges in Tempe, Arizona, you don’t have to navigate the criminal justice system alone. Reach out to the criminal defense lawyers in Tempe, Arizona at Oliverson Law, PLLC today.

Misdemeanor Lawyers in Tempe, Arizona

The misdemeanor lawyers in Tempe, Arizona at Oliverson Law, PLLC help individuals fight a wide range of criminal charges. There is a wide range of crimes that can be classified as misdemeanors in Tempe, Arizona. Here are some examples of misdemeanor crimes that our misdemeanor lawyers handle.

  • Misdemeanor DUI. Most DUIs are misdemeanor crimes, especially first-time DUIs. However, if this is your third DUI in seven years, or if you were found to be driving while under the influence on a suspended license, your DUI could be charged as a felony. While misdemeanor crimes are seen as less serious than felony crimes, a misdemeanor DUI can have a major impact on your life. For example, a misdemeanor DUI could result in the suspension of your driver’s license, jail time, fines, required alcohol education courses, and the required use of an ignition interlock device if you are permitted to drive. Collateral consequences can include the loss of certain professional driving licenses and increased insurance costs. If you are facing misdemeanor DUI charges in Tempe, Arizona, reach out to the misdemeanor lawyers at Oliverson Law, PLLC today. Our Tempe, Arizona misdemeanor lawyers can review your case and fight to help you get the best outcome possible.
  • Domestic Violence Misdemeanor. Domestic violence can be charged as either a misdemeanor or a felony, depending on the kind of violent offense being charged. Domestic violence falls under a wide umbrella of potential crimes, including assault and aggravated assault. If this is your first time domestic violence charge and if your charge is assault and doesn’t involve serious bodily harm, you might be facing misdemeanor domestic violence charges. While misdemeanor charges might seem more minor than felony charges, having a domestic violence conviction on your record can have a serious impact on your reputation and your future. For example, you could be required to surrender any firearms you own and may not be able to obtain firearms in the future. You might end up subject to a restraining order or protective order. Finally, collateral consequences can include loss of custody of your children or restrictions placed on visitation rights. First-time domestic violence offenders may have options, however. For example, first-time offenders might sometimes be offered the opportunity to participate in a diversion program. A misdemeanor attorney in Tempe, Arizona at Oliverson Law, PLLC may be able to help you if you are facing domestic violence charges. We understand that the relationship dynamics that can lead to these types of charges can be complicated, and it is not unheard of for victims of domestic violence to face domestic violence charges.
  • Misdemeanor Drug Crimes. The difference between a misdemeanor and felony drug crime typically is distinguished based on the type of drug allegedly found in a person’s possession and the quantity of the substance found in a person’s possession. If police don’t believe you possessed a controlled substance with the intent to sell it, you could be facing misdemeanor rather than felony charges. Yet, drug charges can quickly escalate to more serious felony or even federal charges if police suspect that you possessed drugs with the intent to sell, or believed you were going to transport drugs across state lines. If you are facing misdemeanor drug crime charges, it is important to take these charges seriously. Even if you don’t spend a single day in jail, you could still face serious collateral consequences with a drug crime conviction on your record. Individuals facing first-time drug crime charges might be able to take their case to drug court, where they may have the option of receiving treatment and assistance for a drug addiction or substance abuse dependency. Successful completion of these programs can result in reduced or dropped drug convictions. If you are facing drug crime charges, contact the misdemeanor lawyers in Tempe, Arizona at Oliverson Law, PLLC. Our misdemeanor attorneys in Tempe, Arizona can review your case and help you explore the options available to you.
  • Misdemeanor Theft Crimes. The value of items allegedly stolen in a theft crime charge will typically determine whether a theft crime is charged as a felony or misdemeanor. A misdemeanor lawyer in Tempe, Arizona at Oliverson Law, PLLC can review the state’s process for determining the value of property stolen and can sometimes challenge the alleged value of the property. A misdemeanor lawyer in Tempe, Arizona at Oliverson Law, PLLC can also review the evidence against you and fight your theft crime charges. Theft crimes can include burglary, shoplifting, auto theft, and more.

If you are facing arrest or criminal charges for a misdemeanor, it is important to take your charges seriously. Misdemeanor convictions and a criminal record can have a serious impact on your life and future. When your reputation, your freedom, and your rights are on the line, you need a misdemeanor lawyer in Tempe, Arizona at Oliverson Law, PLLC who can fight for your rights.

Trespassing Lawyer in Tempe, Arizona

Criminal trespassing in Arizona can be charged as either a misdemeanor or felony, though typically, criminal trespassing is charged as a misdemeanor. If you remain on a property after being asked to leave, you could face charges of criminal trespassing in the third degree, and if you knowingly remain inside a commercial property or fenced-in commercial area, you could face charges of criminal trespassing in the second degree. First-degree criminal trespassing involves trespassing into residential property or trespassing with the intention of violating a person’s privacy. The severity of criminal trespassing charges is typically split along the lines of whether you are accused of entering a residential property or commercial property. It is a more serious misdemeanor to enter a residential property illegally.

However, you could face more serious criminal penalties, including felony charges, if police believe you entered any property with the intention to steal. This could lead to burglary charges, which can result in higher penalties and even a felony charge. If you are facing trespassing charges or were arrested for trespassing, it is important to speak to a trespassing lawyer in Tempe, Arizona at Oliverson Law, PLLC.

Trespassing, when viewed in the context of domestic violence, divorce, or separation, could also involve greater complexity in terms of investigation and conviction. For example, if you and your former partner separated, but didn’t divorce, you may still own a home or a rental unit in both your names and may share rights to a property. If your former partner doesn’t have a restraining order against you, and if your separation isn’t formalized or finalized, you may still have a right to enter a shared property. The situation can be more complicated if one partner moves out but then returns to the shared property for legitimate reasons. The former partner may need to show that the other partner moved out and had no valid reason to be on the property. When it comes to domestic situations, criminal trespassing charges can have an added layer of complexity. It can help to have a trespassing lawyer in Tempe, Arizona if you are facing trespassing charges in the context of domestic violence, or in the context of a domestic dispute.

A trespassing lawyer in Tempe, Arizona may be able to defend your trespassing case using several defenses. Sometimes trespassing is the result of a misunderstanding between two people. Sometimes property owners fail to put up signs, or signs are hidden. Other times, a person was simply crossing a property trying to get somewhere else or to protect themselves or their property. The trespassing lawyers in Tempe, Arizona at Oliverson Law, PLLC can review your case to build a strong trespassing defense.

Contact a Criminal Lawyer in Tempe, Arizona Today

A criminal lawyer in Tempe, Arizona at Oliverson Law, PLLC can help you and your family if you or someone you love is facing criminal charges, arrest, or a criminal investigation. If you have been arrested or charged with a crime, you might be embarrassed, frightened, and not sure what your next steps should be. It can sometimes be difficult to navigate the criminal justice system. If you are facing police questioning, or are under investigation, it is important to know your rights and options to protect yourself and your family. The criminal lawyers in Tempe, Arizona at Oliverson Law, PLLC can stand beside you every step of the way and help you navigate the criminal justice system. Every case is unique. In some cases, we might be able to help you get your charges dropped or reduced, and in other instances, we might be able to help you access diversion programs and explore other options.

Aggravated Assault Charges

 

If you are facing a police investigation, criminal charges, or arrest, it is important to understand your rights. For example, if you have been arrested, you have the right to remain silent and have the right to ask to speak to your lawyer. If you ask to speak to your criminal attorney, your criminal defense attorney can stand beside you during future police questioning. Anything you say or do during a police investigation can be used against you. If you are facing criminal charges, you may want to speak to a Tempe, Arizona criminal lawyer today to protect your rights.

If you have been arrested, charged, or are under investigation for a crime, you are innocent until proven guilty. The Tempe, Arizona criminal lawyers at Oliverson Law, PLLC are here to help you fight your charges and defend your innocence and your reputation. Much may be at stake when it comes to a criminal charge. You could be facing jail time, fines, and collateral consequences. Your reputation could be on the line. With so much at stake, you need a criminal defense attorney on your side. Reach out to the Tempe, Arizona criminal defense attorneys at Oliverson Law, PLLC today. We can review your case and help you understand and navigate the next steps. You don’t have to navigate the criminal justice system alone.

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About Tempe, AZ

Tempe ( tem-PEE; Oidbaḍ in O'odham), is a city in Maricopa County, Arizona, United States, with the Census Bureau reporting a 2017 population of 185,038. The city is named after the Vale of Tempe in Greece. Tempe is located in the East Valley section of metropolitan Phoenix; it is bordered by Phoenix and Guadalupe on the west, Scottsdale and the Salt River Pima–Maricopa Indian Community on the north, Chandler on the south, and Mesa on the east. Tempe is also the location of the main campus of Arizona State University.

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