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The Hidden Costs of an Arizona DUI Conviction

Many federal laws exist to create uniform legal standards across the country. That is not the case when it comes to DUI laws, however. While there is a federally-imposed legal BAC, or blood alcohol concentration, of 0.08%, drunk driving penalties vary tremendously from state to state.

Arizona has earned a reputation as having some of the most severe DUI punishments in the country. In fact, according to Legal Reader, Arizona is “the worst state to get a DUI in.”

Whether it’s your first DUI offense and regardless of what your BAC registers, getting a DUI in Arizona comes with a hefty price tag.

Arizona’s ultra-strict DUI laws

Nearly all 50 states have laws that prohibit drivers from operating a motor vehicle with a BAC of 0.08% or higher. In 2018, Utah became the first – and still, the only – state to lower its BAC limit to 0.05%.

Impaired to the slightest degree

Arizona takes its DUI laws several steps further than almost all other states, including even Utah. For example, motorists can get a DUI even if their BAC is well under the legal limit of 0.08%. Arizona Statute 28.1381 states that it is unlawful for a person to operate a motor vehicle if he or she is “impaired to the slightest degree.” To be clear, that means you can legally get a DUI in Arizona with a BAC of, say, 0.04% if you are deemed to be even slightly impaired.

Physical control

Another notable aspect of Arizona DUI laws is that a person doesn’t technically need to be driving in order to be convicted of a DUI. The law states that it’s “unlawful for a person to drive or be in actual physical control of a vehicle in this state while under the influence…” It is that “physical control” phrasing that allows Arizona police officers to arrest people for DUI even if they’re not actually driving. Circumstances vary greatly, but essentially if you are sitting or even sleeping in a car and have the keys in your possession, you can get a DUI under Arizona law.

Not a drop

Keeping in line with this “zero tolerance” theme, Arizona’s DUI laws are even more strict on drivers under 21. The “not a drop” law means that motorists under the age of 21 can get a DUI if they have any detectable alcohol in their system. Arizona was also the first state to make ignition interlock devices, or “breathalyzers,” mandatory for first-time DUI offenses.

Types of DUIs in Arizona

All DUIs, especially under Arizona law, are not created equal. The type of DUI a person receives depends on both the driver’s BAC and whether or not there are aggravating factors present.

Arizona DUI

A “standard” DUI in Arizona is when a driver has a BAC of 0.08% or more, or is found to be impaired to the slightest degree. The legal limit for commercial drivers is 0.04%. Remember, though, that any driver can get a DUI in Arizona if deemed impaired.

Extreme DUI

According to ADOT, an extreme DUI applies to any driver with a BAC of more than 0.15%. The fines and penalties for extreme DUI in Arizona more than double in comparison to one that’s not designated extreme.

Super extreme DUI

Arizona is one of just a few states that has a DUI tier higher than extreme. A super extreme DUI is when a driver has a BAC of 0.20% or higher.

Aggravated DUI

Arizona law states that any DUI offense can carry an “aggravated” designation under certain circumstances.

  • Getting a DUI with a suspended, canceled, or revoked driver’s license
  • Committing a DUI with a minor under age 15 in the vehicle
  • Getting three or more DUIs in an 84-month period
  • Getting a DUI while having an ignition interlock device installed

Fines for Arizona DUI cases

It’s quite clear that being convicted of a DUI in Arizona is incredibly costly, but exactly how much?

First DUI offense

The absolute minimum court fine for first-time DUI offenders in Arizona is $1,250. You will also be sentenced to a minimum of 10 days in jail, of which nine days can often be suspended. Further, you will be required to complete alcohol and/or drug screening, and possibly treatment, at your own expense.

First-time offenders also have to get an ignition interlock device installed in their vehicle. According to KOLD News 13 in Tucson, they must also report to an authorized location each month for 12 months for device monitoring. The cost of having the ignition interlock installed is typically around $300 and monitoring varies from $70-120 per month.

Accounting for court and jail fees, the cost of drug or alcohol screening, and the ignition interlock device, a first DUI offense in Arizona costs around $2,390. Keep in mind, however, this doesn’t take into account the cost of attorney fees.

Second or third DUI offense

ADOT states that the minimum fine for second and subsequent DUI convictions in Arizona is $3,000. On top of that, there’s a 90-day minimum jail sentence and your license will be revoked for at least 12 months. Just like with a first-time DUI offense, you must also undergo drug and alcohol screening and potentially treatment, plus have an ignition interlock installed for a minimum of one year.

Extreme DUI costs

When an extreme DUI is someone’s first offense, the “standard” DUI fine doubles to $2,500. The minimum mandatory jail sentence also increases to 30 days.

A second or third extreme DUI conviction in Arizona carries a fine of $3,250 minimum. There’s also a minimum 120-day jail sentence and a 12-month license revocation period.

Aggravated DUI cost

There is no extra fine for an aggravated DUI in Arizona. However, you will be facing up to two years in prison, which comes with a myriad of additional costs.

Other costs of DUI in Arizona

Aside from court and jail fees, as well as paying for drug and alcohol screening and ignition interlock devices, there are many hidden costs associated with getting a DUI in Arizona.

  • Time spent in jail: Under Arizona law, drivers convicted of DUI must pay for their court-mandated jail time. The costs vary by county, but as an example, in 2017 the daily cost of housing inmates across Arizona ranged from $54-97.
  • Vehicle impounding: Vehicles aren’t impounded in all Arizona DUI cases, but if yours is, it will likely be there for about 30 days. In addition to paying for other modes of transportation while your car is impounded, it is also costly for your vehicle to sit in impound. In the City of Phoenix, there’s a $150 administrative fee plus a $15 per day storage fee.
  • Future financial responsibility: In Arizona, an SR-22, or high-risk insurance policy, is required for three years in order to get your driver’s license reinstated after a DUI conviction. According to ValuePenguin, drivers pay an average increase of 40% on their insurance premium with an SR-22.
  • License fees: It costs $10-20 to have your driver’s license reinstated after it’s been suspended or revoked in Arizona. There is also a $10-25 license application fee. While this represents the lowest cost associated with an Arizona DUI by far, there’s a much bigger potential cost involved with losing your driving privileges if your job.

Getting a DUI in Arizona is incredibly expensive. It also affects your life dramatically for years after the conviction. You need an experienced criminal defense attorney with a proven track record of helping people convicted of DUIs in Arizona.