Phoenix and the state of Arizona don’t distinguish between driving under the influence (DUI) and driving while intoxicated (DWI). In Arizona, DUI is used exclusively for impaired driving offenses.
Under Arizona Revised Statutes (ARS) § 28-1381, you can be charged with driving or actual physical control while under the influence, regardless of whether alcohol, legal prescription drugs, controlled substances, or illegal substances are involved.
If you have been arrested for driving under the influence, talk with a DUI defense lawyer in Phoenix from Suzuki Law Offices. Our legal team has decades of experience. We can explain Arizona’s DUI laws relative to your case and use what we know to help you defend against a DUI conviction.
What is the Difference Between a DWI and a DUI in Phoenix?
DWI is not used in statutes in Arizona, and the state does not distinguish between driving while intoxicated and driving under the influence. Because of this, if you are arrested for an impaired driving offense in Arizona, you can receive DUI criminal charges.
Per Arizona Revised Statutes Section 28-1381, an offense involving driving or physical control of a vehicle while impaired can be prosecuted as a DUI. Along with this, you can be convicted of a DUI if you are impaired to the slightest degree by alcohol, prescription medications, or illegal drugs, even if your blood alcohol concentration (BAC) is below 0.08%.
Have a Phoenix criminal defense lawyer from Suzuki Law Offices help you in the aftermath of a DUI charge. We can learn about your criminal charge and explain the potential consequences that can come with a conviction. Depending on the situation, we can put together a personalized legal strategy for you.
Driving Under the Influence Legal Definitions, Classifications, and Penalties Under AZ DUI Laws
As you think about DWI vs. DUI and the differences between various Phoenix drunk driving laws, it’s important to note that an impaired driving offense can lead to criminal penalties that affect you for a long time.
A criminal defense attorney from Suzuki Law Offices can detail these penalties, which can include:
Standard DUI
Generally, a first-time DUI offense is a class 1 misdemeanor. If convicted, you can receive jail time, fines, and a driver’s license suspension.
Extreme and Super Extreme DUI
Your DUI is classified as extreme when your BAC reaches 0.15-0.199% or super extreme when your BAC is 0.20% or more. An extreme or super extreme Phoenix DUI conviction can result in a jail sentence, fines, a driver’s license suspension, having to install an ignition interlock device (IID) in your motor vehicle, alcohol treatment classes, and community service.
Aggravated DUI
In accordance with Arizona’s DUI laws, certain DUI offenses are classified as aggravated DUIs, including the following:
- A DUI committed while driving privileges are suspended, canceled, revoked, or refused under specified circumstances
- A third or subsequent qualifying DUI violation within 84 months
- A DUI committed while a person under 15 is in the vehicle
- A DUI committed when the driver is required to use an IID in their vehicle
- Certain wrong-way driving offenses.
Collateral Consequences
Outside of these criminal penalties, there are collateral consequences of drunk driving charges to consider. Such consequences can include appearing on a criminal record and potentially affecting employment or other opportunities.
What is Arizona’s Legal Alcohol Limit for a DUI?
The AZ blood alcohol limit is generally 0.08% for adult drivers and 0.04% for commercial vehicle drivers, per the state’s impaired driving laws. A zero-tolerance DUI policy applies to motorists under age 21. Under this policy, it is illegal for a driver under 21 to have any measurable amount of alcohol in their system.
Meanwhile, under Arizona’s DUI laws, you can still be arrested and convicted of a DUI with a blood alcohol concentration below 0.08% if Arizona law enforcement officers find that you are impaired to the slightest degree by alcohol, drugs, or a combination of substances.
Speak with the Phoenix DUI defense lawyers at Suzuki Law Offices if a police officer arrests you after they find your blood alcohol level is above Arizona’s legal limit. Our attorneys can teach you about Arizona’s BAC limit and how it applies to your case. Plus, we can describe what happens in DUI court and things you can do to protect against a conviction.
Phoenix DUI Defense Legal Strategies
Mounting a strong DUI defense requires understanding several proven legal strategies that can help challenge the prosecution’s case. When you’re facing DUI charges, it’s critical to work with a Phoenix DUI defense attorney from Suzuki Law Offices, as we can evaluate every aspect of your arrest.
Your defense strategy should focus on questioning the validity of field sobriety testing, challenging DUI checkpoints and chemical test results, and filing strategic pre-trial motions. Expect your attorney to examine various aspects of your case to build a thorough defense strategy.
Based on the facts of your case, your lawyer can question whether law enforcement had a valid reason for your traffic stop, analyze whether field sobriety tests were conducted according to standardized procedures, and do other things to raise a reasonable doubt about your arrest. They can also negotiate for alternative sentencing options or a plea agreement.
Learn More About DWI vs. DUI and How Phoenix’s Drunk Driving Laws Can Differ
Arizona drunk driving charges are serious. If you fail an alcohol screening, a breath test, a blood test, or other field sobriety tests, you can be charged with a DUI, not a DWI, per Phoenix drunk driving laws. If you’re convicted, you may face incarceration, fines, a license suspension, and other penalties. What you do following a DUI arrest can have far-flung effects on your future.
The Suzuki Law Offices team includes former prosecutors who strive to give our clients a meaningful advantage. Our criminal defense attorneys are familiar with Arizona’s DUI laws and the statutory elements of a DUI. We also know how challenging it can be to face an intoxicated driving charge and its associated penalties alone.
In your DUI case, our lawyers are committed to providing comprehensive legal counsel as the legal process moves forward. We can help you gather blood samples, witness evidence, and other proof to contest the prosecution’s case against you. In addition, if you have legal concerns or questions, we want to address them promptly. For more information, schedule a consultation.