Maricopa County Gets Funds for More DUI Enforcement

This week, the State of Arizona granted Maricopa County Sheriff’s Office (MCSO) a sum of $230,000.00 for DUI and Speeding enforcement.  The funds will be used to increase patrols; pay over-time for DUI investigations; drug recognition; and detention.

In addition to having some of the toughest laws and penalties for DUI – DWI, Arizona also has some of the best Impaired Driver enforcement programs in the USA.  For police officers they provide strong training programs; opportunities for Drug and DUI phlebotomy training; Drug Recognition Education (DRE);  tenured prosecutor as the Traffic Safety Resource Prosecutor (“TSRP”).; Defense Expert Banks;  extra funding for special task forces such as DUI and Underage drinking;  special motorcycle task forces; other DUI processing vehicles and other resources.

Arizona DUI laws

• A.R.S. § 28-1321. Implied Consent Laws – Police have the authority to suspend a motorist’s driver license for refusing to take a Blood Alcohol Content (BAC) whether they are impaired or not;

• A.R.S. § 4-244.  Underage 21 Drinking   – This is also the called “Zero Tolerance” law.  It is unlawful for a person under the age of 21 to drive or be in physical control of a motor vehicle while they are under the influence of any level of alcohol;

• A.R.S. § 28-1381 (A) (1) Impaired to the Slightest Degree – It is unlawful for a person to it driver or be in actual physical control of a vehicle if they are driving impaired to the slightest degree due to alcohol or drugs.  This applies even if the person’s BAC is below the legal limit of 0.08%;

• A.R.S. § 28-1381 (A) (2) DUI – BAC Exceeds Legal Limit 0.08% –  BAC that exceeds .08%, but is below .15%;

• A.R.S. § 28-1382 (A) (1) Extreme DUI – BAC that exceeds 0.15 %  or more, but is less than  0.20%;

• A.R.S. § 28-1382 (A) (2) Super Extreme DUI – BAC that exceeds 0.20  %  or more;

• A.R.S. § 28-1383 (A) (1) Aggravated DUI (Felony) while driving on suspended or revoked driver’s license;

•  A.R.S. § 28-1383 (A) (2) Aggravated DUI (Felony) if it is the 3^rd or more DUI within 7 years or 84 months;

• A.R.S. § 28-1383 (A) (3). Aggravated DUI (Felony) with a passenger under fifteen years in of age is in the vehicle.

DUI Consequences – Overview of penalties

Misdemeanor DUI charges are Class 1 Misdemeanors.  Penalties for convictions begin with 10 days jail to 180 day jail terms; fines, fees, costs, assessments $1200.00 to $3750.00; Ignition Interlock Device (IID)on Vehicle at driver’s expense beginning 6 months to 2 years; Driver’s License suspension from 90 days to revocation of up to 1 year; drug/alcohol counseling or treatment; restitution, and probation.  The higher the BAC level the more severe the penalties.

Felony DUI charges may be classified as Class 6 or Class 4 felonies.  All felonies in Arizona expose a person to prison sentencing.  Penalties for felony DUI may begin with 30 days in jail and prison terms of up to 8 months depending on BAC, and aggravated circumstances. Fines and fees of at least $4,000; IID on vehicle 2 years; driver’s license revocation for 3 years; drug/alcohol counseling or treatment; restitution, and probation.  As with Misdemeanors, the severity of penalties is based on the degree of BAC levels, and aggravating circumstances.