Driving under the influence (DUI) is treated very seriously in Arizona. Under ARS § 28‑1381, a person may be charged with a DUI if they operate or are in actual physical control of a motor vehicle while:
The law explicitly includes driving under the influence of drugs as well as alcohol, so DUI charges often intersect with drug crimes when a driver is impaired by controlled substances.
Arizona DUI laws are some of the harshest in the nation. The type of DUI charges that the State will normally charge a person with depend on things like a suspect’s BAC, prior criminal history and status of the person’s license. All Arizona Drunk Driving charges carry significant penalties, but those penalties may be greater based on a number of factors. Here are some of the more common variations:
Under A.R.S. § 28-1381, an Arizona DUI consists of driving or being in actual physical control of a vehicle:
The DUI charges listed beside are generally misdemeanors. Under some circumstances, however, drunk driving or drugged driving in Arizona could be charged as a felony. Those circumstances include:
Legal BAC limit in Arizona - The average person faces a DUI charge in Arizona if that person’s blood alcohol content (BAC) is 0.08 or greater. If you are driving a commercial vehicle, the operation of which requires a commercial driver’s license (CDL), the threshold is half that amount or a BAC of 0.04. If your BAC exceeds that amount, you can be charged with CDL DUI. In addition to the lower standard of alcohol concentration, commercial drivers are also subject to penalties specifically related to their status as holders of a CDL.
Extreme DUI charges in Arizona - If your BAC is 0.15 or more, you could be convicted of extreme DUI. Increased penalties include more jail time and higher fines and assessments. The penalties will be even greater if your BAC is 0.20 or greater, known as “super extreme DUI.”
If you are a minor charged with underage DUI in Arizona, don’t make the mistake of thinking that your youth will help your case. In fact, underage drinking and driving laws in Arizona are even stricter for those under 21 than for adults.
Boating under the influence or DUI on a boat (BUI) is governed by Title 5 of the Arizona Revised Statutes, entitled Amusements and Sports. As in the case of automobiles, you are guilty of boating under the influence if the State can prove the required elements of one the varying types of BUI under Arizona law.
While an Arizona DUI carries serious potential penalties, a percentage of those charged with the offense are not convicted. Some cases are dismissed, others are downgraded to lesser charges (for example, reckless driving), and some result in not guilty verdicts. This means being charged doesn't always lead to a worst-case scenario. Your best chance at a favorable outcome lies in working with a skilled Arizona DUI lawyer. An Experienced drug driving lawyer in Arizona can make a significant difference in protecting your rights and building a strong defense.
As experienced Phoenix, Arizona DUI lawyers we will examine the case from the outset, conduct any additional investigation required, in some cases hire an expert witness on your behalf, and take all the necessary steps to insure that your rights are protected. Possible defenses could be established by:
These are just a few of the possible defenses that may apply in your case.
When facing DUI or drunk-driving charges in Arizona, experience matters. At Feldman & Royle, our team of Expert Arizona DUI & Drunk Driving Lawyers is dedicated to protecting your rights, defending your future, and guiding you through every step of the legal process with confidence. As leading Arizona DUI lawyers and a trusted Phoenix criminal defense attorney team, we handle complex DUI cases, felony charges, and related drug crimes with a strategic, evidence-driven approach. Whether you’re dealing with first-time DUI allegations or serious aggravated DUI accusations, our attorneys provide aggressive representation and clear legal guidance designed to achieve the best possible results. If you or a loved one has been arrested, we offer a free consultation for Arizona DUI charges, giving you immediate access to experienced legal insight before making critical decisions. When the stakes are high, Feldman & Royle stands ready to fight for you.
At Feldman & Royle, we bring a powerful and uncommon advantage to every DUI case we handle: deep prosecutorial insight, strategic negotiation, and relentless defense designed to protect your life from being permanently altered by one accusation.
Arizona has strict DUI laws with severe penalties. A DUI charge can occur if a driver’s blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers). Arizona also enforces a zero-tolerance policy for underage drivers.
Penalties vary based on BAC level and prior offenses. A first-time DUI may result in fines, license suspension, mandatory alcohol education, and jail time. Repeat offenses carry harsher consequences, including longer jail sentences and ignition interlock requirements.
Yes, but refusing a breathalyzer test in Arizona comes with serious consequences. Arizona has an implied consent law, meaning that by driving, you automatically agree to submit to BAC (Blood Alcohol Concentration) testing. If you refuse, your driver’s license will be suspended for up to one year, even if you are not ultimately convicted of DUI.
A DUI conviction remains on your criminal record permanently in Arizona. It can impact employment, insurance rates, and future legal consequences for repeat offenses. However, certain legal options may help minimize its impact.
Yes, Arizona DUI laws cover both alcohol and drugs, including prescription medications and marijuana. If a driver is impaired by any substance, they can be charged with a DUI, regardless of BAC level.
Yes, depending on the circumstances, an experienced DUI attorney may challenge the evidence, question the validity of the traffic stop, or negotiate a plea deal to reduce charges or penalties.
While not required, hiring an Arizona DUI lawyer is highly recommended. A DUI lawyer can assess legal options, represent you in court, and help minimize penalties or possibly get the charges dropped.
No, for a traditional, human-powered bicycle in Arizona, you generally cannot be charged with a DUI because the law applies to operating a “motor vehicle” under the influence.
