Penalties for Drunk Driving in Arizona with .20 BAC

Reader’s Question:

Hi. My girlfriend is a law student here in Arizona and she mentioned that there have been several changes regarding Arizona DUI laws. I know someone who has been recently charged with ‘super extreme’ Arizona DUI. This is his first offense. What are the penalties that he is facing?

Ronald

Scottsdale, AZ

An Arizona DUI charge is considered to be ‘super extreme’ DUI if the driver’s blood alcohol concentration (BAC) level is .20 percent or above within two hours of driving. Per new Arizona DUI law, if your friend will be convicted with this, he would have to serve a minimum jail time of 45 days. An ignition interlock device would also have to be installed so that the device can test the driver’s breath for alcohol before starting the vehicle.

Many Arizona offenders are challenging the state’s new DUI laws on the grounds that they are ambiguous and vague, therefore, unconstitutional. A lot of lawmakers are concerned that the requirement of mandatory ignition interlock devices for first-time DUI offenders could be eliminated if a judge finds that the harsher Arizona DUI laws are unconstitutional.
Even if others are considering new Arizona DUI laws as harsh and unconstitutional, lawmakers are still hoping to have lesser DUI offenders and fatalities to drop.