Tempe DUI Lawyer: Understanding DUI Laws in Tempe, Arizona
DUI laws in Tempe, Arizona are some of the toughest in the nation. Arizona’s strict approach to driving under the influence means that even a first offense can lead to serious penalties. Having a knowledgeable Tempe DUI lawyer on your side can make a significant difference in the outcome of your case.
Blood Alcohol Concentration (BAC) Levels in Tempe
Under Arizona law, a driver is considered to be under the influence if their BAC meets or exceeds the following levels:
- 21 and older: 0.08% BAC or above
- Commercial vehicle driver: 0.04% BAC or above
- Under 21: 0.00% BAC (any measurable amount of alcohol)
These BAC thresholds apply regardless of the type of alcohol consumed. If law enforcement suspects you are impaired based on field sobriety testing, you may be required to submit to a breath, blood, or urine test.
Penalties for a DUI in Tempe, Arizona
The penalties for a DUI in Tempe vary depending on your BAC, prior offenses, and other factors. Arizona DUI laws are stringent, and even a first offense can carry serious consequences:
- First Offense DUI (BAC 0.08% – 0.149%)
- Minimum of 10 days in jail
- Minimum $1,250 in fines
- Alcohol screening, education, and treatment requirements
- Ignition interlock device on your vehicle
- Community service
- Second Offense DUI
- Minimum of 90 days in jail
- Minimum $3,000 in fines
- License suspension for at least one year
- Ignition interlock device requirement
- Refusing a Chemical Test
- One-year driver’s license suspension for a first refusal
- Two-year suspension for a second or subsequent refusal
Aggravated DUI Charges in Tempe
A DUI charge can be elevated to an aggravated DUI under certain circumstances, leading to more severe penalties. Common reasons for an aggravated DUI include:
- Having a passenger under 15 in the vehicle
- Driving the wrong way on a roadway
- Causing a crash that results in a fatality
- A third or subsequent DUI violation within 84 months
Aggravated DUIs often come with longer jail sentences, higher fines, and more extensive long-term consequences.
Actual Physical Control and DUI
In Tempe, you can be charged with a DUI even if you were not actively driving. Being in “actual physical control” of the vehicle is enough to support a DUI charge. This may include actions such as:
- Turning the vehicle’s headlights on or off
- Rolling windows up or down
- Placing keys in the ignition, even without starting the engine
This broad definition of control allows law enforcement to take action before an intoxicated individual starts driving.
DUI Record Sealing in Arizona
While Arizona does not allow true DUI expungements, you may be eligible to have your DUI record “sealed” under certain conditions. Sealing a DUI record can help prevent it from showing up on background checks, potentially improving your future job prospects, housing opportunities, and other personal or professional endeavors. An experienced DUI attorney can advise whether record sealing is an option in your case.
Why Hire a Tempe DUI Lawyer?
Facing DUI charges in Tempe without an attorney can be overwhelming. The right Tempe DUI lawyer can help you:
- Understand your charges, potential penalties, and all legal options
- Challenge the legality of the traffic stop and any evidence collected
- Negotiate with prosecutors for reduced penalties or alternative sentencing
- Represent you in hearings, trials, and administrative proceedings (such as driver’s license suspension hearings)
It is advisable to Get Help from a Skilled Tempe DUI Attorney
If you or a loved one has been charged with a DUI in Tempe, do not wait to seek professional guidance. A skilled Tempe DUI lawyer can review the facts of your case, explore defense strategies, and work tirelessly to protect your rights and your future.
Request a Consultation
(602) 453-3100
Taking the first step toward safeguarding your future starts with reaching out for a consultation. With the right legal support, you may be able to mitigate the harsh consequences of a DUI charge, avoid unnecessary jail time, and safeguard your driving privileges. Don’t face the complexities of Tempe DUI laws alone—contact an experienced DUI attorney today for a free, no-obligation consultation.