Frequently Asked Questions About DUI in Arizona

What is the legal blood alcohol concentration limit in Arizona?

If you have a blood alcohol concentration (BAC) of .08 or more you will be charged with DUI. However, due to Arizona’s zero tolerance statutes, you can be arrested and charged with DUI if you have any amount of alcohol in your body while operating a motor vehicle.

What should I say if I’m stopped by a police officer and they ask me if I’ve been drinking?

You are not required to answer any potentially incriminating questions.

What should I do if police officer asks me to submit to field sobriety tests?

You should politely refuse all requests to complete field sobriety tests. Often the police officer has already decided on making a DUI arrest prior to making these requests and is using these tests to help collect additional evidence against you.

Can I choose what type of DUI chemical test I am required to take?

No. In Arizona, you do not have a choice between a breath, blood or urine test. A police officer can require a urine test if either breath or blood testing is unavailable or if the officer has reason to suspect you are under the influence of a controlled substance.

Can I be arrested for a DUI in Arizona if I refuse to consent to a breath, blood or urine test?

Yes. Under the implied consent statutes in Arizona, a driver suspected of DUI who refuses to submit to a breath, blood or urine test can have their driving privileges suspended for twelve months.

Can I get charged with a DUI for driving after taking drugs?

Yes. Driving under the influence does not only refer to being under the influence of alcohol, but also the influence of drugs and controlled substances.

The DUI test showed my BAC was over .08, should I just plead guilty?

No. It is very unlikely you will gain any benefit by pleading guilty in your case. Exercise your constitutional right and require the State of Arizona to prove that you are guilty beyond a reasonable doubt.

The police officer never gave me a “Miranda” warning. Can’t I get my case dismissed?

No. Although police officers are supposed to give a 5th Amendment or “Miranda” warning following an arrest, they sometimes fail to do so. The only consequence is that the State cannot use any of your answers to questions that were asked by the police following the arrest.

Will I go to jail if I am convicted of DUI in Arizona?

Yes. If you are convicted of DUI in Arizona, you will be required to serve at least one day in jail. That minimum sentence is up to the discretion of the Judge and can only be granted if you have completed a Court ordered alcohol or other drug screening, education or treatment program. Most people convicted of DUI in Arizona serve at least ten consecutive days in jail.

How much will an Arizona DUI cost me?

The total amount of fees you owe will depend on your charges, but you will face a minimum of $1,250 in Court fees. This does not include costs for Court ordered alcohol or other drug screening, education or treatment programs. Nor does it include mandatory costs to equip your vehicle with an ignition interlock device. A DUI will also cost you missed time and wages from work for appearing at Court and serving your jail sentence.

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