Arizona is a Zero Tolerance State for DUI

Lerner & Rowe Law Group
Arizona Zero Tolerance


Very often, out-of-town visitors are surprised by Arizona’s strict DUI laws when they’ve been arrested for having too much fun in Old Town Scottsdale or while visiting for spring training. Below is some helpful information to better understand Arizona DUI laws.

Arizona is a zero-tolerance state.

While it’s fairly common knowledge that the legal limit is 0.08% BAC, a police officer can arrest you even if your blood-alcohol concentration (BAC) is less than 0.08 percent if they believe that you are impaired. However, if your BAC is 0.05% or lower, “it may be presumed that the defendant was not under the influence of intoxicating liquor.”

Arizona’s legal blood-alcohol limit.

The legal limit is 0.08 percent, which is estimated to be about two drinks for a 160-pound woman and three drinks for a 220-pound man. A “drink” constitutes:

  • 12 ounces of 5 percent beer,
  • 5 ounces of 12 percent wine
  • And 1.5 ounces of 40 percent liquor.

Timing and other variables will impact the ultimate calculation of a person’s BAC.

Arizona Has Several Classifications of DUI Offenses

Arizona’s DUI laws contain harsh penalties and, also, some subtle limitations. Each penalty increases per the level of offense.

DUI Slightest Degree

Is generally categorized as being impaired to the “slightest degree” while driving or being in actual physical control of a motor vehicle. (§ 28-1381) A first offense DUI is a class 1 misdemeanor. So, contact a Phoenix DUI attorney today to discuss the possible defenses and penalties for a DUI to the slightest degree conviction.

DUI 0.08% or more

This charge involves having a BAC of 0.08 percent if you’re 21 or over. The legal limit lowers to 0.04 percent if you’re driving a commercial vehicle and also 0.00 percent if you’re underage. If you’ve been charged with DUI 0.08% or greater under A.R.S. § 28-1381(A)(2), you’ll likely also be charged with driving while impaired to the slightest degree under A.R.S. § 28-1381(A)(1), above.

With a BAC greater than 0.08% Arizona law states that you’re presumptively impaired.

Arizona DUI law

Extreme DUI

You can be charged with an “Extreme DUI” if you’re caught driving with a BAC of 0.15 percent or higher within two hour of driving. The Phoenix DUI lawyers with the Lerner and Rowe Law Group are available today to discuss the possible defenses and penalties for an Extreme DUI charge.

Super extreme DUI

You can be charged with a “Super Extreme DUI” if it can be proven you had a BAC of 0.20 percent or more within two hours of driving. The Lerner and Rowe Law Group’s DUI lawyers in Phoenix Arizona are available today to discuss the possible defenses strategies and consequences for a Super Extreme DUI charge.

Aggravated DUI

In Arizona, Aggravated DUI is classified as a felony. There are four different “aggravators” that escalate a misdemeanor DUI into a felony DUI. This includes committing:

  1. A DUI while your driver’s license is suspended or revoked, (a class 4 felony);
  2. Your third or more DUI within 84 months (7 years), (a class 4 felony);
  3. A DUI while you are legally obligated to have an ignition interlock devise installed in your vehicle; (also a class 4 felony)
  4. A DUI with a child age 15 or younger in the vehicle, is a class 6 felony.

The Lerner and Rowe Law Group’s Phoenix DUI lawyers have successfully defended against aggravated DUI charges. In some cases, we were also able to reduce the charge to a misdemeanor DUI.

Hire a Phoenix DUI Lawyer

Whether charged with a misdemeanor DUI or a Felony DUI, contact the experienced Phoenix DUI lawyers with the Lerner and Rowe law Group. Contact us today to schedule your free consultation. Call us 602-667-7777 or click the chat box to get started.