REMEMBER! Anyone convicted of a DUI in the state of Arizona must attend an MVD/ACNSC certified TRAFFIC SURVIVAL SCHOOL, also known as TSS.
DUI=Driving Under the Influence
Use of Alcohol While Driving
Alcohol and driving do not mix. The driver who drinks causes accidents, injuries and death.
Driving is a serious business that requires the ultimate in skill and judgment — both of
which are diminished through consumption of alcohol. Alcohol seriously reduces your
reflexes, physical control over the vehicle and ability to recognize dangerous situations.
These combined physical effects make the drinking driver a dangerous driver. Even when
you may not appear or feel drunk, alcohol produces a false sense of confidence in
your driving ability.
It is a Class 2 misdemeanor for a driver or passenger to consume or possess an open
container of spirituous liquor in the passenger compartment of a motor vehicle while on any
public highway or right-of-way. Passengers riding in a bus, limousine, taxi or the living area
of a motor home are exempt. Passenger compartment includes any unlocked
compartments or portable devices within reach of the driver or passenger. It does not
include the trunk or the area behind the last upright seat of a vehicle not equipped with
It is unlawful for any person who is under the influence of intoxicating liquor or any drugs to drive or be in actual physical control of any vehicle. There are many conditions that can affect your ability to drive even after one drink; for example, body weight, emotional state or physical condition. The best rule to follow is still: you drink, do not drive.
When you apply for and accept the privilege to drive a vehicle in Arizona, you give consent to test for blood alcohol concentration (BAC) or drug content if you are arrested for driving while under the influence of intoxicating liquor or drugs (DUI). This is known as the Implied Consent Law. When a law enforcement officer has reason to believe you have been driving while under the influence, the officer will request that you submit to a BAC test of your blood, breath, urine or other bodily substance to measure the amount of alcohol present in your bloodstream.
If you are stopped for driving under the influence and a test shows
that you have an alcohol concentration of 0.08 percent or more (0.04 in a commercial vehicle requiring a commercial driver license), you will lose your driving privilege on the spot. It should be understood that you may be found guilty of driving while intoxicated even though the BAC was less than 0.08 percent. If you are under 21, your license may be suspended if there is any alcohol concentration. If you refuse to submit to, or do not successfully complete any tests when you are arrested for driving under the influence, you will automatically lose your driving privilege for 12 months, or 24 months for a second refusal within 84 months. In addition to any criminal penalties imposed by the court for a second or third offense DUI violation, your driving privilege will be automatically revoked.
First offense – You will be jailed for not less than 10 consecutive days and fined and assessed not less than $1,250. You will also be required to undergo alcohol screening/education/treatment and will be ordered to perform community service and equip any vehicle you operate with a certified ignition interlock device.
Second and subsequent offenses – You will be jailed for not less than 90 days, fined and assessed not less than $3,000, and your license will be revoked for 12 months. You will also be required to undergo lcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and will be ordered to perform community service.
This category of DUI applies to a person with an alcohol concentration of 0.15 or higher.
Second and subsequent offenses – You will be jailed for not less than 120 days, fined and assessed not less than $3,250 and your license will be revoked for 12 months. If the alcohol concentration is 0.20 or higher, you will be jailed not less than 180 days and will not be eligible for suspended sentence. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and will be ordered to perform community service.
This category of DUI applies to a person who commits a DUI while suspended or revoked, commits a third DUI in 7 years, or commits a DUI while a person under 15 is in the vehicle. The aggravated DUI law has been expanded to include violation where a person who is subject to a Certified Ignition Interlock Device (CIID) requirement and either: