Impaired Driving

Title 4 - 244.33: Underage Driving under the Influence

• For a person under the age of 21 years to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person's body. A conviction for Underage DUI is a misdemeanor criminal conviction.

Title 28 - 1381.A1: Driving under the Influence

ARS 28-1381

• It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
  
• While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
  
• If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle.
  
• While there is any drug defined in Section 13-3401 or its metabolite in the person's body. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver's license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more. A conviction of DUI is considered a Misdemeanor criminal conviction.

Title 28-1382: Driving Under the Influence with a Blood Alcohol Concentration (BAC) of .15 or more (Extreme DUI)

ARS 28-1382

• It is unlawful for a person to drive or be in actual physical control of a motor vehicle in this state if the person has an alcohol concentration of 0.15 or more within two hours of driving or being in actual physical control of the vehicle. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor. A conviction of Extreme DUI is considered a misdemeanor criminal conviction.

Title 28-1383: Aggravated Driving Under the Influence

ARS 28-1383

• A person is guilty of aggravated driving or actual physical control while under the influence of an intoxicating liquor or drugs if the person does any of the following:
  
• Commits a violation of section 28-1381 or 28-1382 or this section while the person's driver license or privilege to drive is cancelled, suspended, revoked, or refused while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381, 28-1382, or under 28-1385.
  
• Within a period of sixty months (5 years) commits a third or subsequent violation of section 28-1381, 28-1382, or this section.
  
• Commits a violation of 28-1381 or 28-1382 while a person under 15 years of age is in the vehicle. A conviction of
• Aggravated DUI is considered a felony conviction.

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