The 3 Type of Misdemeanor DUIs in Arizona

The 3 Type of Misdemeanor DUIs in Arizona

Posted By Salvador Law Group || Feb 21, 2019

DUIs in Arizona could have you facing multiple charges. There are many aspects of DUIs that could affect how you are charged and what punishment you will receive.


It’s essential to understand the differences between Arizona’s DUI sections listed by the slightest degree to most severe. It would help to talk with an experienced Arizona criminal defense attorney about the charges and the best strategy for your situation.

Arizona DUI Statute

AZ Rev Statue §28-1381 (2017) states that driving or having physical control of any vehicle while under the influence is against the law. Under Arizona law, the elements (legal or illegal) of a single DUI can impose separate misdemeanor charges for each violation, and not for the reason you may think.

DUI Misdemeanors

Here are three types of DUI incidents classified as misdemeanors in Arizona. Penalties include jail, fines with license suspensions and driving restrictions. Even before you are charged with a DUI, you should contact an Arizona criminal defense attorney who can help defend you and get you the best possible outcome for your case.

1. DUI Impairment

Being under the influence and potentially impaired extends to the consumption or use of liquor, drugs, and vapor devices. In this case, the prosecutor must prove the driver was impaired (slightest degree) as a result of one or more of these influencers.


In this charge, a BAC higher than 0.08 is not required here.

2. DUI BAC of 0.08 or Higher

State statute (§28-1381) maintains that individuals should not be driving or physically be in control of a personal vehicle if alcohol was consumed within two hours before or after operating the vehicle, based on the presumption that most drivers will achieve a (standard DUI) BAC of 0.08 or higher during the specified timeframe. There are two categories after this level that can be broken down:

  • DUI Extreme (§28-1382) with a BAC over 0.15.

  • DUI Super extreme (§28-1382) with BAC of 0.20.

3. DUI Drug or Illegal Metabolites

Prescription drugs not taken as directed or illegal drug molecules (metabolites) found in the body's system are violations. Be aware, metabolites can stay in the body for days or weeks after being used.


It’s essential to have an Arizona criminal defense attorney on your side who is knowledgeable about the state’s DUI penalties.


Arizona DUI laws are strict and enforced to seek the most substantial penalty. If you need representation for a DUI offense, don’t hesitate to contact Salvador Law Group. We can help answer your questions and explain how DUI laws affect your case.


Contact our firm at (602) 842-6222 for aggressive representation in your corner.

Categories: Criminal Defense, DUI
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