People accused of drinking and driving have a tough road ahead in any state, as every state has laws criminalizing driving under the influence (DUI) of alcohol. However, some states are notorious for having tougher laws than others.
Whether you are pulled over and arrested for DUI in one of these tough states or anywhere else, the stakes are high. Your first call should be to a DUI defense attorney. By contacting a DUI lawyer, you can review possible defenses while safeguarding your rights. Only a defense attorney with localized knowledge can help you get through this difficult time.
Arizona’s Approach: Zero Tolerance in the Desert
Arizona’s approach to DUI enforcement says it all: drink and drive, and you’ll get struck. The state has systematically toughened these laws over the last twenty years, and many consider them the toughest in the US. To understand why Arizona stands out, we need to break down the components of its DUI laws and compare them to Florida, which also has tough DUI penalties but does things differently.
First-Time Offenders
The penalties in Arizona are harsh for first-time offenders. You’ll have to spend at least a day in jail if your BAC is above 0.08 percent. You’ll be incarcerated for 10 days if your BAC jumps to at least .15 percent and 45 days when the breathalyzer reads at least .20 percent.
For the same type of arrest in Florida, a first-time offender may have to spend up to 6 months if their BAC is .15 percent. There’s no mandatory minimum unless their BAC is notably high.
Costs to consider: Arizona first-time offenders pay $1,500 in fines and assessments plus:
- Ignition interlock device installation ($1,000 per year)
- Alcohol screening and education programs ($500)
- License reinstatement fees ($150)
- Higher insurance premiums (often double or triple)
As a comparison, Florida’s base fines for first-time offenders are $500 to $1,000, significantly lower than Arizona’s $1,500. Florida requires ignition interlock devices for repeat offenders or those with high BACs, but Arizona requires them for all DUI convictions, even for first-time offenders with the lowest level of impairment.
Interlock Requirements
Arizona’s universal interlock requirement is indeed stringent. Every convicted DUI offender must have the device for at least 12 months, regardless of the circumstances. The device requires a breath sample before starting the vehicle and periodically while driving. Florida only requires interlocks for repeat offenders or those with a BAC of 0.15 percent or higher.
License Suspension and Revocation
In Arizona, license suspension begins at the time of arrest and lasts 90 days for first-time offenders who fail the breath test. Under Arizona’s implied consent law, refusing the test results leads to a one-year license suspension. Florida’s administrative suspension is six months for a failed test, but refusing the test results in a one-year suspension.
Multiple Offenses: Increasing Consequences
Arizona’s laws get even more challenging with repeat offenders. A second DUI within seven years gets:
- 90 days minimum in jail
- $3,500 in fines and assessments
- One-year license revocation
- Two years with an ignition interlock device
- Mandatory treatment program
- Vehicle impoundment
Florida’s second offense penalties are serious, but some are less severe:
- Nine months maximum in jail (10 days minimum)
- $1,000 to $2,000 in fines
- Five-year license revocation
- One year with an ignition interlock device
Super Extreme DUI in Arizona
Arizona is the only state that has a “super extreme” DUI category for BAC of 0.20 percent or higher. If you get charged under this category, you can get:
- 45 days minimum in jail
- $3,000 in fines and assessments
- 90-day license suspension
- 18 months with an ignition interlock device
Florida has no equivalent category but does increase penalties for BAC above 0.15 percent.
Enforcement and Prevention
Arizona’s strict laws are matched by tough enforcement. The state uses:
Checkpoints
Arizona conducts sobriety checkpoints, unlike some states that have banned them. They screen hundreds of drivers in one night, especially during holidays and special events. Florida allows checkpoints but does them less often.
Task Forces and Special Operations
Arizona law enforcement agencies coordinate regular multi-jurisdictional DUI task forces, especially during high-risk periods. These operations combine resources from multiple agencies to maximize detection and arrest capabilities. The state’s Highway Patrol has dedicated DUI enforcement squads in significant cities.
Legal Challenges and Constitutional Issues
Arizona’s strict laws haven’t been without controversy. Legal challenges have targeted:
Mandatory Jail Time
Opponents say mandatory minimums take away judicial discretion and don’t consider individual circumstances. But Arizona courts have consistently upheld them.
Implied Consent
The state’s implied consent law has been challenged in court, especially regarding blood draws without a warrant. Recent Supreme Court decisions have changed the way the law is enforced.
Cost and Impact on Low-Income Offenders
The high cost of Arizona’s penalties has raised concerns about the impact on low-income offenders. Some say the cost can create a cycle of poverty and more violations.
Next: DUI Laws in the Future
Arizona’s laws are changing, with new legislation considering:
- Increased penalties for DUI with children in the vehicle
- More monitoring technologies beyond ignition interlocks
- More treatment for repeat offenders
Florida legislators also want to strengthen their state’s laws, using Arizona as a model.
The state’s willingness to implement mandatory jail time, universal ignition interlocks, and long-term consequences for offenders shows a zero-tolerance approach that other states are starting to follow. As the country continues to battle drunk driving, Arizona’s model is a lesson on what can happen when laws are strict and enforced.
Contact a DUI Lawyer If You’ve Been Charged with Drunk Driving
If you have been charged with a DUI, contact a DUI defense attorney as soon as possible. Facing a DUI charge can have serious consequences, but a skilled DUI lawyer will do everything possible to minimize the effects on your life.
With the help of a knowledgeable DUI attorney, you can increase your chances of achieving the best possible outcome for your case. They will review the evidence against you, challenge any inconsistencies, and work towards minimizing the consequences you face.
Don’t hesitate to reach out to a DUI defense lawyer if you’re facing a drunk driving charge. Time is of the essence when building a strong defense, so act quickly to protect your rights and secure the best possible outcome for your case. Remember, your future is at stake, and a skilled criminal defense attorney can be your greatest asset during this challenging time.