Frequently Asked Questions
What is a blood alcohol content?
Are there different types of drunk driving charges in Arizona?
What is an arraignment?
What is the difference between a felony and a misdemeanor?
Can you be arrested for a DUI or DWI in Arizona if you don't take a breath, blood or urine test?
What should you do if the officer asks you to take field sobriety tests?
Do you have a choice of type of chemical tests?
What will happen if you have more than one DUI or DWI conviction?
Can you be charged with DUI or DWI for driving after taking drugs?
Can you obtain a temporary permit to drive while my license is suspended?
What do police officers look for when searching for drunk drivers on the highways?
If you're stopped by a police officer and he asks you if you've been drinking, what should you say?
What is the officer looking for during the initial detention at the scene?
I just blew into the machine and it showed my BAC was over .08, should I just plead guilty?
The officer never gave you a "Miranda" warning. Can you get your case dismissed?
What is a blood alcohol content?
The blood alcohol content is a measure of the amount of blood in your system based on your blood, breath or urine. The BAC calculates the ratio of ethanol to blood within your body.
If your BAC is below .08, that does not mean that you are necessarily capable of operating a car. Every person's ability to tolerate alcohol is different and you may still be charged with DUI or DWI if your BAC is less than .08 or if you have exhibited other signs that you are unable to safely operate a car.
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What is the legal blood alcohol concentration limit in Phoenix and the state of Arizona? If you have a blood alcohol concentration (BAC) of .08 or more, you are considered drunk in the eyes of the law without any further evidence of driving impairment. If you are younger than 21 and are found driving with any amount of alcohol in your body, you may also be penalized under Arizona 's zero tolerance law.
Back to top Are there different types of drunk driving charges in Arizona?
Yes. Charges can stem from the slightest impairment. A driver with a BAC of a .08 or higher within two hours of driving and BAC of a .15 or higher within two hours of driving. Back to top
What is an arraignment?
An arraignment is the court appearance when you are notified of the charges being brought against you. It is often your first court appearance. Depending on the jurisdiction and the charges, it is also the time when your attorney enters a plea on your behalf. Sometimes bail conditions are also addressed at the arraignment. Back to top
What is the difference between a felony and a misdemeanor?
Felony charges are more serious than misdemeanor charges. In Arizona , a misdemeanor can carry a sentence of up to six months in a local jail. A felony can carry a much longer sentence in a state penitentiary.
Back to top Can you be arrested for a DUI or DWI in Arizona if you don't take a breath, blood or urine test?
Yes. Under the implied consent laws, a driver suspected of a DUI who refuses to submit to a breath, blood or urine test can have their license suspended for twelve months.
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What should you do if the officer asks you to take field sobriety tests?
You should politely refuse these tests. Most of the time the officer has already made up his mind and is using these tests to help build his case against you.
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Do you have a choice of type of chemical tests?
In Phoenix and greater Arizona , you do not have a choice between a breath, blood or urine testing. An officer can require a urine test if either blood or breath testing is unavailable or if he has reason to suspect you are under the influence of a controlled substance.
Back to top What will happen if you have more than one DUI or DWI conviction?
In Phoenix and greater Arizona , there is a step-up method for handling multiple DUI or DWI convictions. If an offender is convicted of a second DUI or DWI in seven years, a person may face the following penalties
Second Conviction
Arizona DUI or DWI
Class One Misdemeanor
If convicted within 7 years of first DUI or DWI
- Minimum Sentence
30 to 90 Days Jail
Alcohol Screening and Counseling
30 Hours of Community Service
$500 Fine Plus Surcharges
$1250 Prison Construction Fee
$1250 Department of Public Safety Fee
0 Months Probation
1 Year Revocation of Drivers License
1 Year Order to Equip Motor Vehicle With Certified Ignition Interlock Device
- Maximum Sentence
180 Days Jail
Alcohol Screening and Counseling
30 Hours of Community Service
$2500 Fine Plus Surcharges
$1250 Prison Construction Fee
$1250 Department of Public Safety Fee
5 Years Probation
1 Year Revocation of Drivers License
Court May Order More Than 1 Year to Equip Motor Vehicle With Certified Ignition Interlock Device
Second Conviction
Arizona Extreme DUI (BAC .150 - .199)
Class One Misdemeanor
If Convicted Within 7 Years of First DUI/DWI
- Minimum Sentence
60 to 120 Days Jail
Alcohol Screening and Counseling
90 Days of Continuous Alcohol Monitoring
30 Hours of Community Service
$500 Fine Plus Surcharges
$250 Abatement Fee
$1250 Prison Construction Fee
$1250 Department of Public Safety Fee
0 Months Probation
30 Day Vehicle Impoundment
1 Year Revocation of Drivers License
1 Year Order to Equip Motor Vehicle With Certified Ignition Interlock Device
- Maximum Sentence
180 Days Jail
Alcohol Screening and Counseling
90 Days or More of Continuous Alcohol Monitoring
30 Hours of Community Service
$2500 Fine Plus Surcharges
$250 Abatement Fee
$1250 Prison Construction Fee
$1250 Department of Public Safety Fee
5 Years Probation
30 Day Vehicle Impoundment
1 Year Revocation of Drivers License
Court May Order More Than 1 Year to Equip Motor Vehicle With Certified Ignition Interlock Device
Second Conviction
Arizona Extreme DUI (BAC .200 or more)
Class One Misdemeanor
If Convicted Within 7 Years of First DUI/DWI
- Minimum Sentence
180 Days Jail
Alcohol Screening and Counseling
90 Days of Continuous Alcohol Monitoring
30 Hours of Community Service
$1000 Fine Plus Surcharges
$250 DUI Abatement Fee
$1250 Prison Construction Fee
$1250 Department of Public Safety Fee
0 Months Probation
30 Day Vehicle Impoundment
1 Year Revocation of Drivers License
24 Month Order to Equip Motor Vehicle With Certified Ignition Interlock Device
- Maximum Sentence
180 Days Jail
Alcohol Screening and Counseling
90 Days or More of Continuous Alcohol Monitoring
30 Hours of Community Service
$2500 Fine Plus Surcharges
$250 DUI Abatement Fee
$1250 Prison Construction Fee
$1250 Department of Public Safety Fee
5 Years Probation
30 Day Vehicle Impoundment
1 Year Revocation of Drivers License
Court May Order More Than 24 Months To Equip Motor Vehicle With Certified Ignition Interlock Device
Back to top Can you be charged with DUI or DWI for driving after taking drugs?
Yes. Driving under the influence or driving while intoxicated does not just refer to being under the influence of alcohol, but also under the influence of drugs like marijuana, heroin, cocaine, ecstasy or any other illegal substances. You could also be charged if you are on prescription drug medicines or over-the-counter medications that warn of impaired abilities while operating motor vehicles and dangerous equipment.
Back to top Can you obtain a temporary permit to drive while your license is suspended?
When you are arrested for DUI, you may be permitted to drive for the first 15 days. If your chemical test result was .08 or higher, once the suspension begins you will not be permitted to drive for any purpose for first 30 days.
You may be eligible for a work-restricted permit for the remaining 60 days of the suspension. A hearing may be requested to stay the pending suspension of your driving privileges.
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What do police officers look for when searching for drunk drivers on the highways?
The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:
- Turning with a wide radius
- Straddling center of lane marker
- "Appearing to be drunk"
- Almost striking object or vehicle
- Weaving
- Driving on other than designated highway
- Swerving
- Speed more than 10 mph below limit
- Stopping without cause in traffic lane
- Following too closely
- Drifting
- Tires on center or lane marker
- Braking erratically
- Driving into opposing or crossing traffic
- Signaling inconsistent with driving actions
- Slow response to traffic signals
- Stopping inappropriately (other than in lane)
- Turning abruptly or illegally
- Accelerating or decelerating rapidly
- Headlights off
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If you're stopped by a police officer and he asks you if you've been drinking, what should you say?
You are not required to answer any potentially incriminating questions.
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What is the officer looking for during the initial detention at the scene?
The traditional symptoms of intoxication are:
- Flushed face
- Red, watery, glassy and/or bloodshot eyes
- Odor of alcohol on breath
- Slurred speech
- Fumbling with wallet trying to get license
- Failure to comprehend the officer's questions
- Staggering when exiting vehicle
- Swaying/instability on feet
- Leaning on car for support
- Combative, argumentative, jovial or other "inappropriate" attitude
- Soiled, rumpled, disorderly clothing
- Stumbling while walking
- Disorientation as to time and place
- Inability to follow directions
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You just blew into the machine and it showed your BAC was over .08, should you just plead guilty?
No! It is very unlikely you are going to gain any benefit by pleading guilty in your case. You have a constitutional right to require the State to prove that you are guilty beyond a reasonable doubt. There is nothing wrong with exercising your rights and making the State prove its case. Back to top The officer never gave you a "Miranda" warning. Can you get your case dismissed?
No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.
Of more consequence in most cases is the failure to advise you of the Arizona implied consent law. The implied consent law states you are legally obligated to take a chemical test or your license may be suspended.
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Call today to speak with an Arizona DUI Attorney.
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