Difference Between DUI and DWI in Arizona

When it comes to driving under the influence of alcohol or drugs, understanding the laws and distinctions is crucial, especially in a state like Arizona, where the penalties can be severe. The terms DUI and DWI are often used interchangeably, but in Arizona, they carry different legal implications. Knowing the difference between DUI and DWI, as well as the associated penalties, can be vital not only for legal reasons but also for understanding your rights and responsibilities on the road. Smith & Green, Attorneys At Law, P.L.L.C. is here to help clarify these terms and ensure that you are informed and prepared in case you or a loved one ever face such charges.

Quacy L. Smith

Founding Partner

James M. Green

Founding Partner

What Is DUI in Arizona?

DUI, or Driving Under the Influence, is a term that refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. In Arizona, a person can be charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher within two hours of driving. However, Arizona law is particularly strict, and you can also be charged with DUI even if your BAC is below 0.08% if you are found to be impaired to the slightest degree. This means that even a small amount of alcohol or drugs in your system can lead to a DUI charge if it affects your ability to drive safely. DUI charges are not limited to alcohol impairment; they also include driving under the influence of illegal drugs, prescription medications, or over-the-counter drugs that impair your ability to operate a vehicle safely. The broad scope of DUI laws in Arizona reflects the state’s commitment to reducing impaired driving and protecting the safety of all road users.

What Is DWI in Arizona?

DWI, or Driving While Intoxicated, is another term commonly associated with impaired driving. However, in Arizona, DWI is not a separate legal term; it is often used interchangeably with DUI in public discourse, but legally, DUI is the term used in Arizona statutes. The confusion between DUI and DWI often arises because some states make a distinction between the two terms, with DWI typically referring to driving while intoxicated by alcohol and DUI referring to driving under the influence of drugs. In Arizona, however, the term DUI encompasses all forms of impaired driving, regardless of whether the impairment is caused by alcohol, drugs, or a combination of both. Therefore, when discussing impaired driving in Arizona, DUI is the correct legal term to use.

Levels of DUI in Arizona

Arizona’s DUI laws are among the toughest in the country, with several levels of DUI offenses depending on the severity of the impairment and the circumstances surrounding the incident. The levels include Standard DUI, Extreme DUI, and Super Extreme DUI. A Standard DUI applies when a driver has a BAC of 0.08% or higher, while an Extreme DUI applies when the BAC is 0.15% or higher. Super Extreme DUI is charged when the BAC is 0.20% or higher. Each of these levels carries different penalties, with Extreme and Super Extreme DUIs resulting in harsher consequences, including longer jail sentences, higher fines, and extended license suspensions. Additionally, Arizona has a Zero Tolerance policy for drivers under the age of 21, meaning they can be charged with DUI if there is any alcohol in their system, regardless of the BAC level. The various levels of DUI reflect Arizona’s stringent approach to combating impaired driving and the state’s commitment to ensuring the safety of its residents and visitors.

Aggravated DUI in Arizona

An Aggravated DUI is a more serious offense in Arizona and is charged under specific circumstances. You can be charged with Aggravated DUI if you commit a DUI while your driver’s license is suspended, revoked, or restricted, if you commit a third DUI within 84 months, or if you commit a DUI while a person under the age of 15 is in the vehicle. Aggravated DUI is a felony offense in Arizona, and the penalties are significantly more severe than those for a Standard DUI. These penalties can include longer prison sentences, substantial fines, mandatory alcohol education classes, and the installation of an ignition interlock device in your vehicle. The felony designation also means that an Aggravated DUI conviction can have long-lasting consequences on your life, including difficulties finding employment, housing, and other opportunities. Understanding the gravity of an Aggravated DUI charge is essential, and if you are facing such a charge, seeking legal assistance immediately is crucial.

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Penalties for DUI in Arizona

The penalties for DUI in Arizona vary depending on the level of the offense and whether it is a first-time or repeat offense. For a first-time Standard DUI, the penalties can include a minimum of 10 days in jail, fines and assessments totaling around $1,500, a 90-day license suspension, and mandatory alcohol education classes. If you are charged with Extreme DUI, the penalties increase to a minimum of 30 days in jail and higher fines, while a Super Extreme DUI can result in a minimum of 45 days in jail. Repeat DUI offenses carry even harsher penalties, including longer jail sentences, higher fines, and longer license suspensions. Additionally, after a DUI conviction, you will be required to install an ignition interlock device in your vehicle, which you must blow into before starting the car to ensure you are not under the influence of alcohol. The costs associated with a DUI conviction can be significant, not only financially but also in terms of the impact on your personal and professional life. Arizona’s DUI penalties are designed to deter impaired driving and to keep the roads safe for everyone.

The Legal Process After a DUI Arrest

If you are arrested for DUI in Arizona, the legal process begins with your arrest and booking into jail. You will then have a preliminary hearing, where the charges against you are formally presented, and you will have the opportunity to enter a plea. If you plead not guilty, your case will proceed to trial, where the prosecution will present evidence to prove that you were driving under the influence. This evidence can include the results of field sobriety tests, breathalyzer tests, blood tests, and the testimony of the arresting officer. You have the right to challenge this evidence and to present your own defense, which may include questioning the accuracy of the tests or the legality of the traffic stop. If you are convicted, the court will then determine the appropriate penalties based on the level of the offense and any aggravating factors. The legal process for a DUI case can be complex and overwhelming, making it essential to have experienced legal representation to guide you through the process and to protect your rights.

Defending Against a DUI Charge in Arizona

Defending against a DUI charge in Arizona requires a thorough understanding of the law and the ability to challenge the evidence presented by the prosecution. There are several defenses that may be available to you, depending on the circumstances of your case. One possible defense is to challenge the legality of the traffic stop, arguing that the police did not have reasonable suspicion to stop your vehicle. Another defense may involve questioning the accuracy of the breathalyzer or blood test results, particularly if there were issues with the calibration of the testing equipment or the procedures followed during the testing process. In some cases, medical conditions or other factors may have affected the results of the tests, leading to a false positive. Additionally, if you were not read your Miranda rights at the time of your arrest, any statements you made to the police may be inadmissible in court. An experienced DUI defense attorney can evaluate the evidence against you and develop a strategy to challenge the charges, with the goal of reducing or dismissing the charges altogether.

The Impact of a DUI Conviction on Your Life

A DUI conviction in Arizona can have far-reaching consequences that extend beyond the immediate legal penalties. A DUI on your record can affect your ability to obtain employment, particularly in jobs that require a clean driving record or involve driving as part of your duties. It can also impact your ability to secure housing, as many landlords conduct background checks on potential tenants. Additionally, a DUI conviction can lead to higher insurance premiums, as insurance companies view you as a higher risk driver. The stigma of a DUI conviction can also affect your personal relationships and reputation in the community. Understanding the long-term impact of a DUI conviction is important, and taking steps to minimize these consequences is essential. Seeking legal assistance early in the process can help you navigate the legal system and work towards a resolution that minimizes the impact on your life.

Understanding the difference between DUI and DWI in Arizona, as well as the various levels of DUI offenses, is critical for anyone who drives in the state. Arizona’s DUI laws are strict, and the penalties can be severe, making it essential to know your rights and responsibilities. Whether you are facing a DUI charge or simply want to be informed, having a clear understanding of the law can help you make better decisions and protect your future. If you find yourself in a situation where you are facing DUI charges, the legal team at Smith & Green, Attorneys At Law, P.L.L.C. is here to help. With years of experience in handling DUI cases, they can provide the guidance and representation you need to navigate the legal process and achieve the best possible outcome. Contact Smith & Green today to discuss your case and take the first step towards protecting your rights and your future.