Arizona's laws regarding driving under the influence (DUI) are strict, and understanding the legal blood alcohol content (BAC) limit is crucial for staying safe and avoiding legal trouble. This comprehensive guide will clarify the legal limits, address common questions, and offer insights into Arizona's DUI laws.
What is the BAC Limit for Driving in Arizona?
The legal limit for blood alcohol content (BAC) in Arizona for drivers 21 years of age or older is 0.08%. This means that if your BAC is 0.08% or higher, you are considered legally intoxicated and can be arrested for DUI. For drivers under the age of 21, the legal limit is 0.02%. Even a BAC below the legal limit doesn't guarantee immunity from a DUI charge if law enforcement can demonstrate impairment.
What Happens if My BAC is Above the Legal Limit?
If your BAC is above the legal limit in Arizona, you face several consequences, including:
- Arrest: You will be arrested and taken into custody.
- Jail Time: You could face jail time, ranging from a few days to several months depending on the severity of the offense and your prior record.
- Fines: Significant fines are imposed, and these can quickly add up.
- License Suspension or Revocation: Your driver's license will be suspended or revoked, with varying lengths depending on the circumstances. You might be required to install an ignition interlock device (IID) on your vehicle to monitor your BAC before starting the car.
- Increased Insurance Premiums: Your car insurance rates will almost certainly increase dramatically, and you may find it difficult to secure affordable coverage.
- Court Costs: Legal fees associated with court appearances, attorney representation, and other legal processes can be substantial.
What is Considered a "Super Extreme DUI"?
Arizona also defines a "Super Extreme DUI," which applies to drivers with a BAC of 0.15% or higher. This results in significantly more severe penalties, including longer jail sentences and higher fines.
What if I Refuse a Breathalyzer Test?
Refusal to take a breathalyzer or other chemical test (like a blood test) to determine your BAC will also result in significant penalties in Arizona. This is considered a separate offense and will lead to license suspension or revocation, along with other potential consequences. Implied consent laws state that by driving on Arizona roads, you have implicitly consented to chemical testing if suspected of DUI.
Can I Be Charged with a DUI Even if My BAC is Below the Legal Limit?
Yes, absolutely. Arizona law enforcement can still charge you with a DUI even if your BAC is below the legal limit if they have other evidence indicating impairment, such as erratic driving, slurred speech, or the smell of alcohol.
What is the Difference Between a DUI and a DWI in Arizona?
In Arizona, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably and mean essentially the same thing. Both refer to driving while impaired by alcohol or drugs.
What Should I Do if I'm Stopped for Suspected DUI?
If stopped by law enforcement for suspected DUI, remain calm and courteous. Do not admit to drinking or resist any requests. Cooperate with the officer's instructions but politely decline any field sobriety tests if you're unsure of your capabilities. Exercise your right to remain silent and contact a lawyer as soon as possible.
This information is for educational purposes and should not be considered legal advice. If you have questions or concerns about Arizona's DUI laws, consult with a qualified legal professional.
