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About DWI in Arizona – Get Legal Help Today

What is a DWI?

A DWI is an acronym that relates to a violation of driving laws. DWI stands for “driving while intoxicated” or “driving while impaired.” DUI, or “driving under the influence,” is another acronym occasionally used for the same violation. Every jurisdiction in the United States exercises laws that forbid drivers to (DWI) drive while intoxicated.

A DWI in Arizona occurs when a driver is stopped by a law enforcement officer and is determined to have a blood alcohol level at or above the lawful limit. The lawful blood alcohol concentration (BAC) level is .08. A driver who is stopped for irregular and erratic driving or if an officer suspects that a driver has been drinking, he or she can be requested to take a breath test or blood test. If the suspected driver refuses to take the test for a potential DWI offense, it will be regarded the same as an admission of guilt.

The Intoxication Levels and Penalties in Arizona for DUI and DWI

For DWI in Arizona, the law in general includes three levels of drunk driving, with graduated penalties for each.  The penalties for DWI in Arizona involve the following:

  • Driving under the Influence (DUI), also referred to as Driving While Intoxicated  (DWI) or Driving While Impaired (DWI) — Blood-alcohol content of .08 percent or more
  • Extreme DUI — BAC of .15 percent or more
  • Drivers who are under age 21 can be convicted of DUI / DWI if they have any alcohol in their system (i.e., .01 percent BAC).  They can also be charged as a minor in consumption or minor in possession, which can affect their driver's license for up to 2 years, regardless of whether or not you were driving.
  • State law has also developed a lower BAC threshold of .04 percent for those with a commercial driver's license (CDL) and commercial truck driver DUI.
  • Driving while influenced by any drug comes with the same consequences as an alcohol DUI.
  • The laws state that a blood alcohol level of .01 percent to .08 percent may qualify as a DUI according to the "slightest degree" rule.

Arizona charges harsh DWI and DUI penalties to those convicted of DWI in Arizona.  The convicted person's sentencing depends on the level and circumstances of the intoxication charges and earlier convictions, as well as the court where your case is heard. First offenders of DWI in Arizona will serve 24 hours in jail.  Second or third offenders may receive substantial jail or prison time.  Other criminal penalties generally include fines, alcohol and substance abuse treatment, traffic survival school and ignition interlock devices.  Moreover, the MVD may also suspend an offender’s driver’s license for a substantial period of time. Usually a DWI offender in Arizona will also have to deal with significantly increased auto insurance as well after the offense has been committed and charged.

DWI Investigation and Testing

During a DWI examination, once a law enforcement officer has stopped a suspected driver, a field sobriety test will be administered to the driver.  A field sobriety test in a suspected DWI examination might require the driver to do a heel-to-toe walk in a straight line, to stand on one foot, to recite a portion of the alphabet, and/or to do other tasks demonstrating mental and physical coordination. If a driver fails the field sobriety test, he or she is typically asked to breathe into a preliminary screening device (a “breathalyzer”).

If a law enforcement officer concludes that, as a result of a field sobriety test or breathalyzer test, that the driver should be arrested, he or she is taken to the police station for chemical tests. Generally, the chemical test is a blood test; however, it can also be administered as a urine test.  A driver with a blood alcohol level of .08 or higher, is kept in jail until he or she can appear before a judge.

Contact Hock Law Group today to obtain representation and advice if you are in need of a DWI attorney.  We offer hundreds of years of combined experience and expertise in Arizona DUI law.

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Types of DUI / DWI Cases
Arizona DUI Laws
DUI Testing
DUI Penalties in Arizona
DUI Defenses
Frequently Asked DUI Questions
Choosing a DUI Lawyer

Areas We Serve Frequently

Arizona

  • Phoenix
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  • Scottsdale
  • Flagstaff
  • Tucson
  • Glendale
  • Mesa
  • Prescott
  • Winslow
  • Maricopa

 

 

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