Arizona DUI Defense Guide — Charges & Options
DUI basics, court steps, and what happens next
A DUI arrest triggers two separate proceedings that run at the same time. The criminal case decides guilt, penalties, and your record. The administrative case decides whether your license is suspended — often on a much shorter deadline. Missing a step in one track can limit your options in the other, which is why understanding both paths from the start matters.
The two tracks: criminal and administrative
Track 1: Criminal prosecution
The criminal case is a court proceeding where the state must prove DUI beyond a reasonable doubt. Arizona's per se BAC limit is 0.08 §28-1381, but you can also be charged based on impairment regardless of BAC. A first offense is classified as a Class 1 misdemeanor.
Track 2: Administrative license action
The administrative action is handled separately from the criminal case §28-1385. It can result in license suspension even if the criminal case is eventually dismissed. You have 30 days from date of notice to request a hearing to contest the suspension.
What triggers enhanced penalties
- BAC ≥ 0.15 (Extreme DUI — §28-1382)
- BAC ≥ 0.20 (Super Extreme DUI)
- Child under 15 in vehicle
- DUI on suspended/revoked license
- Third DUI in 84 months
- Wrong-way driving
Implied consent and chemical testing §28-1321
Arizona has an Implied consent law: by driving on Arizona roads, you have implicitly consented to chemical testing when lawfully arrested for DUI. Refusing the test carries its own consequences: 12-month license suspension; second refusal within 84 months results in 2-year suspension. In Arizona, refusal to submit to chemical testing is admissible as evidence at trial §28-1321.
BAC thresholds that matter
| Category | BAC Limit | Consequence | |
|---|---|---|---|
| Standard per se | 0.08 §28-1381 | DUI charge without other evidence of impairment | |
| Enhanced penalty | 0.15 (Extreme DUI); 0.20 (Super Extreme DUI) §28-1382 | Higher minimum penalties and longer license suspension | |
| Under 21 | 0.00 (any detectable amount) | Zero tolerance violation | |
| Commercial (CDL) | 0.04 §49 C.F.R. § 383.51 | CDL disqualification |
Why timing matters most
DUI cases are unusually time-sensitive. The administrative hearing deadline begins running from the date of arrest or notice — not from the first court date. Evidence (dashcam footage, witness recollections, calibration records) can deteriorate. Early attorney involvement can preserve options that disappear with delay.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Per se limit: BAC of 0.08 or higher
- Commercial vehicle limit: 0.04 (set by separate statute in some states)
- Under 21: 0.00 (any detectable amount) (zero tolerance; set by separate statute in some states)
- Refusal consequence: 12-month license suspension; second refusal within 84 months results in 2-year suspension
- Refusal admissible at trial: yes
- Hearing deadline: 30 days from date of notice
- First offense suspension: At least 30 consecutive days of suspension plus at least 60 consecutive additional days of restricted driving privileges if there was no death or serious physical injury, no prior DUI conviction within 84 months, and the required alcohol/drug screening is completed; otherwise not less than 90 consecutive days of suspension