Arizona is known for being one of the strictest states concerning its DUI laws. Potential penalties include losing your driving privileges, hefty fines, and a prison sentence. Penalties are especially severe with repeated infractions or a high blood alcohol content (BAC).
Why Fighting Matters
A DUI conviction can result in lifelong impacts, including financial instability, career implications, social stigma, and more. However, it’s important to note that a charge is not a conviction. If you’ve been accused of DUI, you have the right to fight against these charges.
Demonstrating that you have evidence to support a reduction in charges or diminished penalties can be key to avoiding the negative consequences of DUI. You have rights and legal options available to you, and consulting with a skilled DUI defense attorney is crucial to leveraging them in your favor. The Valley Law Group can evaluate your case and help you build a strong defense that gives you the best chance at a positive outcome.
Understand the Charges Against You
In Arizona, as in all states, it is illegal to drive under the influence of either drugs or alcohol. There are four levels of DUI charges that you may face under Arizona DUI laws.
Standard DUI
A standard DUI refers to an individual driving with a blood alcohol concentration of at least 0.08%.
For a first-offense DUI charge, penalties could result in the following:
- Serving time in jail for at least 10 days
- Fines of $1,250
- License suspension
- Alcohol screening, education, or treatment
- Ignition interlock device installation
- Community service.
Extreme DUI
In Arizona, extreme DUI charges apply to individuals driving with a BAC between 0.15% and 0.20%. This is considered an elevated offense and thus results in more severe penalties than standard DUI.
The consequences of this charge may result in:
- A jail sentence of at least 30 days
- A $2,500 fine
- Driver’s license suspension
- Alcohol screenings, alcohol education, or treatment
- Ignition interlock device installation
- Community Service
Super Extreme DUI
Super Extreme DUI charges are assessed when a driver has a BAC of 0.20% or higher. The elevated BAC triggers more severe consequences.
If convicted, you may face:
- 45 days in jail
- A fine of $3,330
- Driver’s license suspension
- Installation of an ignition interlock device
- Alcohol screenings and education
- Community service.
Aggravated DUI
Aggravated DUI charges mean that some other contributing factor has increased the severity of the DUI offense. Aggravated DUI can apply to a DUI charge at any BAC.
Many factors can elevate a DUI to an aggravated DUI:
- The driver is intoxicated while driving with a license that has been revoked, suspended, or canceled.
- The driver has had 3 DUIs within 84 months.
- A DUI occurs while a child under the age of 15 is in the car.
- The driver does not agree to take a BAC test while they are required to have an ignition interlock device in their car.
Penalties for aggravated DUI convictions are typically the most severe, and can result in:
- A prison term of two years
- Heavy fines,
- Driver’s license suspension for one year
- Installation of an ignition interlock system for an extended period
- Alcohol screenings, treatment, or counseling
- Extensive community service
Common DUI Defense Strategies
If you are charged with a DUI, it is essential to review police reports, test results, and legal documents that may be used to build the case against you. Searching for inconsistencies or mistakes can diminish the prosecution’s case. Additionally, you can challenge the validity of evidence, such as whether any tests were improperly done. However, it is extremely difficult to pursue these defenses alone.
A strong defense strategy constructed by a skilled DUI defense attorney is the best way to fight against a DUI charge. The right attorney can help you prove your innocence or challenge the prosecution’s case against you. Here are the most common strategies used during DUI defense.
Challenge the Traffic Stop
Law enforcement must have a reason to pull you over. While they do not have to believe that you were driving under the influence to pull you over, they may still initiate a traffic stop if they have suspicion or proof that you broke any traffic laws.
If your attorney can demonstrate that the officer had no probable cause to initiate a traffic stop, all the evidence gathered during that stop may be considered inadmissible. Rendering the prosecution’s evidence inadmissible can result in the dismissal of your charges.
Question the Validity of Your Field Sobriety Test
The National Highway Traffic Safety Administration (NHTSA) outlines detailed rules for the administration of a field sobriety test. If a police officer fails to correctly administer the sobriety test, the validity of the evidence against you is diminished. As a result, the charges against you may be dropped.
Highlight Breathalyzer Issues
Breathalyzers should undergo regular maintenance and calibration to ensure that they are working properly. Without these essential safeguards, the results of the tests may be inaccurate or unreliable. Additionally, operator errors can also result in inaccurate test results. Any of these issues with a breathalyzer test can weaken the evidence used against you in a DUI case.
Question the Blood Draw Chain of Custody
Proof of the chain of custody for drawn blood is recorded on documents containing the names of all the individuals who had custody of the blood sample before being tested. These documents must also be signed within the lab once the blood sample is tested.
Chain of custody documents can highlight any errors that occurred during lab handling, including contamination risks. Failing to report the chain of custody can indicate tampering with blood test results. These issues could invalidate BAC evidence.
Violation of Rights
Police are legally required to read individuals their Miranda rights before taking them into custody. This means that they must inform you of your right to remain silent, your right to legal counsel, or your right to have a lawyer appointed to you in the event that you cannot afford one.
If you have been unlawfully detained, such as being taken into custody without any probable cause, then your rights have been violated. Similarly, refusal to allow you to contact your attorney or coercing you into making self-incriminating statements are violations of your Constitutional rights. Any of these violations can result in case dismissal.
The MVD Hearing and Administrative Process
An Arizona Motor Vehicle Department (MVD) hearing is a unique aspect of Arizona DUI law. This hearing occurs separately from the criminal case and involves an administrative law judge. At an MVD hearing, a judge will question any witnesses, assess the evidence provided, and hear testimony to determine whether your license will be suspended.
MVD hearings take place at the driver’s request within 15 days of receiving a notice of license suspension. You may request this hearing if you believe that this notice was sent to you in error. If you do not make the request within 15 days, however, you may lose the right to a hearing.
A final decision may be made during the hearing, but it is typically made within two weeks after the hearing. If you do not agree with the Decision and Order, you can ask for a rehearing or file an appeal with the Superior Court.
If you challenge a suspension order that you received and win the MVD hearing, your driving privileges will be restored.
When and Why You Should Work With a DUI Attorney
There are many ways an attorney can help you as you face DUI charges.
Knowledge Regarding DUI Laws
If you choose to represent yourself without a knowledgeable attorney to advocate for your rights, you risk severe penalties and unnecessary convictions. Most citizens do not possess a thorough understanding of DUI law or the legal skills necessary to mount a formidable defense. An experienced DUI lawyer possesses years of experience with Arizona DUI law, enabling them to choose the best possible method of defense.
Personalized Defense Strategy
Hiring an attorney gives you access to a personalized defense strategy, significantly increasing the chances of a positive outcome for your case. With a tailored strategy, you have the potential to see a reduction in the charges against you. A skilled defense attorney can negotiate with prosecutors, weaken the case against you, and present inconsistencies that may have led to your arrest, potentially minimizing your penalties or dismissing your charges.
Alternative Sentencing Options
Your lawyer can also help determine if you are eligible for alternative sentencing, which is often referred to as a diversion program. Diversion programs offer rehabilitation, education on issues such as mental health and substance use, and treatment for alcoholism. These programs can sometimes be offered during negotiations as a means of reducing your penalties.
What a Successful Defense Can Look Like
A personalized defense is a key component of any DUI case, and should focus on the most relevant of many factors that impact a DUI arrest. For example, The Valley Law Group has successfully handled DUI cases where the driver was not intoxicated while driving their vehicle. In some instances, medical issues can make individuals appear under the influence of alcohol; meanwhile, essential medications can lead to a failed field sobriety test. While our client’s BAC level was above the legal limit, our DUI defense attorney was able to prove that the test was inadmissible due to the driver’s medical condition.
Possible outcomes for a successful defense strategy could be reduced charges or a dismissed case due to inadmissible evidence. Reduced charges could mean little to no jail time, minimal fines, and a license reinstatement. While working with our attorneys is not a guarantee that your charges will be dismissed, a personalized defense built by our skilled DUI team gives you the best chance at a positive outcome in your case.
DUI Defense FAQs
Our DUI defense attorneys answer some of the most commonly asked questions about DUI cases in Arizona.
The Valley Law Group DUI Resources
If you are facing DUI charges, The Valley Law Group has created some helpful DUI defense resources to help you make the best legal decisions, understand your rights during the process, and prepare for what will happen next.
Browse our DUI defense guide now, then take advantage of our downloadable DUI defense tools, including:
If you’re still uncertain whether you should take action regarding your DUI charge, take our “Do I Need a DUI Lawyer?” quiz to help give you a better understanding of your case and how legal assistance can change your life.
The Importance of Fighting a DUI in Arizona
If you’ve been arrested for a DUI, taking action quickly is crucial. The sooner you contact an attorney, the more defense options will be available to you. The skilled DUI attorneys at The Valley Law Group take pride in helping Phoenix, Scottsdale, Gilbert, and Peoria residents understand their legal options.
Contact us today for a free DUI case review.
Sources:
- Arizona Revised Statutes § 28-1381. (n.d.). Driving or actual physical control while under the influence; violation; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01381.htm
- Arizona Revised Statutes § 28-1382. (n.d.). Extreme DUI; violations; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01382.htm
- Arizona Revised Statutes § 28-1383. (n.d.). Aggravated driving or actual physical control while under the influence; violation; classification; definition. Retrieved March 31, 2025, from https://www.azleg.gov/ars/28/01383.htm
- Arizona Department of Transportation. (n.d.). Requesting a Hearing. Retrieved March 31, 2025, from https://azdot.gov/mvd/executive-hearing/requesting-hearing
Jon McCarty has broad experience in a wide variety of criminal defense and family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. After running a successful practice of his own for many years, Jon relocated to Maricopa County where he has continued to strive for excellence through aggressive yet compassionate representation of each client. Jon has been named to the list of Super Lawyers in the area of family law multiple times, and has been recognized for his outstanding commitment to Equal Access to Justice through providing pro bono representation to numerous clients.