The strongest place to start is DUI impaired to the slightest degree under Arizona’s main DUI statute, A.R.S. 28-1381, because prosecutors can use officer observations, field sobriety tests, and chemical results together. This list covers the six common DUI theories in Arizona, including alcohol impairment, BAC .08 or more, drug-related DUI, combined alcohol and drug cases, commercial driver BAC .04 cases, and under-21 alcohol charges. Arizona’s law also reaches impairment by any drug or vapor releasing substance. That includes marijuana, prescription pills, and other drugs under A.R.S. 28-1381(A)(1) and (A)(3), where a case can hinge on breath, blood, or urine. See A.R.S. 28-1381 and talk with Oliverson Law’s Arizona DUI lawyer if a stop or test turned into a charge.
How were these types of DUI charge chosen?
These types of DUI charges were chosen because they match the core ways Arizona prosecutors file DUI cases under A.R.S. 28-1381, by impairment, alcohol concentration, drug use, commercial driving, or age-based alcohol limits. The list starts with the most common impairment theory and then moves through the main per se and special-category charges. That makes it easier to compare what the state must prove in each case.
1. Impaired to slightest degree
This is the most common Arizona DUI charge and it matters because the state only has to show alcohol, drugs, or both impaired you even a little. Under A.R.S. 28-1381, prosecutors often rely on driving facts, officer observations, admissions, and field sobriety tests. A person can face this charge even if a breath or blood test is under 0.08.
2. BAC .08 or more
This is Arizona’s classic per se DUI charge, and it matters because the state can prove the case with a qualifying breath or blood test alone. Under A.R.S. 28-1381, a driver can be charged if their alcohol concentration is 0.08 or higher within two hours of driving. The key fight is often whether the sample was reliable and timely.
3. Drug-impaired DUI
This charge applies when drugs, not just alcohol, impair your ability to drive safely. Arizona law reaches marijuana, prescription medication, and other impairing substances under A.R.S. 28-1381. The state still has to prove actual impairment, so these cases often turn on the stop, the driving pattern, drug recognition evidence, and toxicology results.
4. Combined alcohol and drugs
This type of DUI charge fits cases where alcohol and drugs together caused the alleged impairment. A.R.S. 28-1381 allows the state to prosecute mixed-substance cases when the combination affects safe driving. These cases can be harder for prosecutors because they must connect the mix of substances to impairment, not just show that both were present.
5. Commercial driver DUI
This charge applies to certain commercial vehicle drivers and matters because the legal alcohol threshold is lower than the standard DUI limit. Under A.R.S. 28-1381, a commercial driver can face DUI charges at 0.04 or more. A CDL arrest can create serious work and licensing problems, even before the criminal case is resolved.
6. Under-21 alcohol DUI
This charge applies to drivers under 21 and matters because Arizona uses a much lower alcohol limit for young drivers. Under A.R.S. 28-1381, a person under 21 can be charged for driving with alcohol in the body above the statute’s youth standard. These cases often lead to court, MVD action, and long-term license concerns.
How do these types of DUI charge compare?
| Type | When it applies | Typical impact |
|---|---|---|
| Impaired to slightest degree | Any impairment shown | Observation heavy case |
| BAC .08 or more | Test at .08 plus | Per se alcohol charge |
| Drug-impaired DUI | Drugs affect driving | Test and expert issues |
| Combined alcohol and drugs | Mixed substance impairment | Complex proof disputes |
| Commercial driver DUI | Commercial vehicle driving | Lower .04 threshold |
| Under-21 alcohol DUI | Driver under 21 | Youth license risk |
Which type fits your case?
Which type fits depends on what the officer saw, what the test showed, and whether alcohol, drugs, or both were involved. Most cases are built around impairment or BAC, but special rules can apply to commercial drivers and drivers under 21. If your case involves a Phoenix DUI lawyer or a Mesa DUI lawyer, the right defense starts with the exact charge.
When should you call a DUI lawyer?
If you are facing one of the types of dui charges arizona prosecutors use, call Oliverson Law quickly. We handle DUI defense, aggravated DUI defense, and MVD license issues, with offices serving Tempe, Gilbert, Phoenix, and Kingman. Start with Arizona DUI lawyer help and contact Oliverson Law before deadlines start running.
Frequently Asked Questions
The main Arizona DUI charges under A.R.S. 28-1381 are impairment to the slightest degree, BAC .08 or more, drug-impaired DUI, combined alcohol and drug DUI, commercial driver DUI, and under-21 alcohol DUI.
Yes. Arizona can still charge DUI based on impairment to the slightest degree even when a breath or blood test is below 0.08. The state may rely on driving behavior, officer observations, and field sobriety testing.
Yes. Arizona DUI law covers impairment from drugs, including marijuana, prescription medication, and other substances that affect safe driving. Drug cases often depend on the stop, the observations, and toxicology evidence.
Arizona’s commercial driver DUI limit is lower than the standard alcohol limit. Under A.R.S. 28-1381, a commercial driver can be charged at 0.04 or more while driving a commercial vehicle.
Often, yes. A DUI can trigger criminal penalties and separate MVD consequences. For license rules and hearings, drivers often need to check with the Arizona MVD and the courts as the case moves forward.
Arrested for DUI in Arizona? Call Oliverson Law now, before your deadlines pass. Early help can matter for the stop, the test, and your license.
