Arizona’s Zero Tolerance DUI Law: What You Need to Know

Arizona is known for having some of the strictest DUI laws in the country, and its zero-tolerance policy sets it apart. Understanding how this rule works, and its potential consequences is essential for every driver in the state.

What is Arizona’s Zero Tolerance Law?

In many states, you can only be charged with a DUI if your blood alcohol concentration (BAC) is 0.08% or higher. However, Arizona's zero-tolerance law means you can be charged with DUI even if your BAC is below the legal limit—if you're found to be impaired to the slightest degree.

Essentially, if an officer believes alcohol or drugs have impaired your ability to drive, you can face DUI charges regardless of your BAC. This policy applies to all drivers, not just those under 21. See the Arizona Department of Transportation: Driving Under the Influence for further information.

Why Does Arizona Have Zero Tolerance?

Arizona’s strict zero tolerance law is designed to prioritize safety on the roads. Even small amounts of alcohol or drugs can affect reaction time and judgment, increasing the likelihood of accidents. By enforcing this law, Arizona aims to prevent impaired driving incidents before they happen.

Types of DUI Testing in Arizona

If you're suspected of DUI, Arizona law enforcement may require you to undergo testing to determine your BAC or the presence of drugs in your system. The main types of testing include:

• Breath Tests: This is the most common method and involves blowing into a breathalyzer. The device measures your BAC and can give instant results.
• Blood Tests: Blood tests are a more accurate method of detecting both alcohol and drugs in your system. You may voluntarily consent to a blood test if asked by law enforcement. However, if you refuse testing, the officer can obtain a search warrant to mandate a blood test. This typically occurs at a hospital or medical facility, and the results are processed in a lab.
• Urine Tests: Although less common, urine tests may be used in some situations, particularly for detecting drugs. However, they are not as reliable as blood tests.

Under Arizona’s implied consent law, by driving, you automatically consent to these types of testing. Refusing a test can lead to a license suspension for at least a year and other penalties, regardless of whether you're eventually charged with a DUI.

Consequences Under the Zero Tolerance Law

A DUI charge under Arizona’s zero tolerance law carries severe penalties, even if your BAC is below 0.08%. The consequences of a first-time offense can include:

• Jail time: Up to 10 days in jail, although the court may suspend some or all of the sentence.
• Fines: Starting at $500, plus additional fees and court costs.
• License suspension: The Department of Motor Vehicles (MVD) may suspend your license for 90 days.
• Ignition interlock device (IID): You may be required to install an IID in your vehicle for a period after your license is reinstated. This device prevents the car from starting if it detects alcohol on your breath.

For subsequent offenses or if aggravating factors (such as extreme DUI or driving with a child in the car) are involved, penalties increase substantially. See the Arizona Department of Public Safety: Impaired Driving for a more in-depth chart.

Who Does the Zero Tolerance Rule Apply To?

While the rule applies to all drivers, those under 21 face additional restrictions. For drivers under 21, it’s illegal to drive with any alcohol in their system, even if they aren’t impaired. This means that a single drink could lead to DUI charges, a license suspension, and fines.

Commercial drivers are also held to a stricter standard. They can be charged with a DUI if their BAC is 0.04% or higher, and under zero tolerance, they can still face charges if they are impaired below this level.

What to Do If You’re Charged Under Zero Tolerance

If you're pulled over and an officer suspects impairment, you may be asked to perform field sobriety tests or take a breathalyzer. If your BAC is under 0.08% but you show signs of impairment, you could still be charged and possibly convicted with DUI under zero tolerance.

In some cases, the officer may request a blood test, especially if drug use is suspected. Remember that Arizona’s implied consent law requires you to submit to these tests, and refusing can lead to a license suspension.

Here's what to do if you're stopped:

• Stay Calm: Be respectful and avoid confrontation.
• Exercise Your Rights: You don’t have to answer questions about whether you’ve been drinking or using drugs.
• Submit to Testing: Whether it's a breath, blood, or urine test, it's usually in your best interest to comply with the officer’s request. If you don't, the police will get a search warrant.
• Ask to Speak to an Attorney Immediately: Politely request to speak to an attorney before answering any further questions.

If you’re charged with a DUI under zero tolerance, it’s essential to consult with a criminal defense attorney immediately. An experienced attorney can help challenge the evidence and work to reduce the impact of the charges on your life.

Final Thoughts

Arizona's zero tolerance DUI law means that even a small amount of alcohol or drugs in your system can lead to a DUI charge. These strict laws are meant to reduce impaired driving and improve road safety. However, the penalties can be severe, even for first-time offenders. If you find yourself facing a DUI charge under the zero-tolerance policy, seeking legal guidance is crucial to navigating the legal process and protecting your rights.