Think Arizona’s DUI Laws Are Strict? Check Out These Extreme DUI Laws From Different States

Driving under the influence is treated as a serious criminal offense in Arizona, while other states punish defendants with the equivalent of a slap on the wrist. In Arizona, police officers have the discretion to arrest someone for DUI if their BAC is as low as 0.05 and they seem intoxicated. Arizona also requires mandatory jail time from convicted DUI defendants. DUI laws differ by state, and some states have rules in place that some may view as even stricter than Arizona’s. Read on to learn more about some of the most distinctive DUI laws across the country. If you’ve been charged with DUI in Arizona, you are facing serious penalties that could be mitigated with high-quality legal representation. Discuss your case in greater detail with an experienced Arizona criminal defender today by calling 480-833-8000.

Unique DUI Laws From Across The United States

• Utah – House Bill 437: Utah defines Extreme DUI as a BAC, or blood alcohol content, of 0.16 or higher. It is also considered Extreme DUI in Utah to drive with a BAC of 0.05 or higher combined with a controlled substance, or while under the influence of two combined controlled substances. In Arizona, the threshold for Extreme DUI is 0.15, but the charges increase to Super Extreme DUI for a BAC of 0.20 or higher. Extreme and Super Extreme DUI are both misdemeanor offenses. Anyone convicted of this type of DUI will be prohibited from purchasing alcohol for a certain amount of time, which is set by the court. Their driver’s license will include a special designation that says “No Alcohol Sale.” However, opponents of this measure argue that convicted defendants can simply use their passports to purchase alcohol. 
• Colorado- C.R.S. 42-4-1301: In Arizona, a defendant should only be charged with DUI for operating (or exerting physical control over) a motor vehicle while under the influence of drugs or alcohol. However, Colorado’s DUI law allows for DUI when a person drives a motor vehicle or a vehicle while under the influence. Colorado’s definition of a vehicle includes a non-motorized bicycle, as well as certain personal mobility devices. This means a Coloradan can get a DUI for operating a wide variety of vehicles that might not result in a criminal arrest in Arizona. 
• Alaska – AS 28.35.030: Arizona is notorious for its mandatory jail time for defendants convicted of DUI, but DUI defendants in Alaska face more mandatory time behind bars. In Arizona, DUI defendants face a minimum sentence of 24 hours, but in Alaska, it is 72 hours, or 3 days minimum. A defendant can be forced to complete a sentence of up to 1 year, which is made more likely when the defendant has a criminal record and other aggravating factors are present. 
• Utah – U.C. 41-6a-501: Utah makes the list again due to its unusually low legal limit. Here, the legal limit is 0.05, which is lower than the standard that most states use, 0.08. In Arizona, a driver is presumed drunk at 0.08, but a law enforcement officer can use their discretion to arrest a driver for DUI if their BAC is 0.05 to 0.08. This charge is known as DUI – Impaired to the slightest degree, but still carries all the same minimum penalties as a standard DUI. Like Arizona, Utah requires jail time for all defendants convicted of DUI. 

Physician Reporting

Most doctors will give patients plenty of notice before an important appointment or procedure if they will not be able to safely drive home afterwards. In some states, doctors may disapprove of a patient’s choice to get back on the road, but stay silent about it. In some states, physicians are required to report if their patients drive while impaired. Only 6 states require physicians to report medically impaired drivers, and only 2 of those require physicians to report visually impaired drivers. Unfortunately (depending on how you view things), Arizona is not one of these states. 

Some of the states requiring physician reporting specify which type of condition should be reported- for example, epilepsy in Nevada. Other states, like California, use a broader definition to include any condition with lapses of consciousness. Pennsylvania specifies that doctors should report patients who drive impaired by drugs. 

Two Strikes, You’re Out

Most first-time DUI offenses are misdemeanors, unless, for example in Arizona, the driver has a child passenger or is driving on a suspended license. Certain factors elevate the charges to aggravated DUI, which is a felony. Being arrested for DUI multiple times does not become a felony in Arizona unless the defendant is convicted of DUI three times in seven years. But a few states make it a felony to be charged with DUI just a second time. In Connecticut, any subsequent DUI offenses within 10 years of a first DUI are felonies. In Indiana, the law is slightly more relaxed- that period is only 5 years. This also means that if the defendant were to somehow get behind the wheel of a car after the second conviction, a third DUI, and any subsequent offense would also be felony charges until the applicable waiting period has passed. 

A felony is a more serious conviction than a misdemeanor on many levels. In Arizona, it means prison rather than jail and typically a much longer incarceration period. Fines, community service, and other penalties are also stricter across the board. But what is more devastating is the long-term effects of having a felony conviction on one’s criminal record. Landlords are less likely to rent to convicted felons, and loans may be less likely to extend lines of credit to felons. It can make it harder to pass the moral character portion of certain professional licensures. Many employers are already reluctant to hire convicted misdemeanor defendants, and this effect is only amplified when the applicant was convicted of a felony. They may even be restricted by company guidelines from hiring convicted felons. Convicted felons lose invaluable civil rights, like voting, running for public office, and even potentially owning a firearm. Whether it’s charged at the misdemeanor or felony level, a DUI defendant should take the charges more seriously if this is a subsequent arrest. Discuss your legal options with an experienced criminal defense attorney today by calling 480-833-8000. 

Arrested For DUI In Arizona? Learn More About Your Options Now

Drivers accused of DUI in Arizona face serious consequences if convicted. So many people rely on their cars to get to where they need to go, where they want to go, and some even make a living through their driving. All of this is at risk when a DUI conviction is on the line. You have the right to hire your own defense counsel to replace a court-appointed attorney you may not trust, and you could be held financially liable for, even if they lose your case. If you have the means, it can be well worth it to retain a criminal defender you trust. Explore all of your legal options with no risk or obligation. Schedule your free consultation with My AZ Criminal Defense Lawyers today by calling 480-833-8000.