The Strictest DUI Laws Outside Of Arizona 

There is no doubt that driving under the influence is taken seriously in Arizona. In fact, one list ranked it as the strictest state for DUIs in the nation, with South Dakota coming in last. Arizona is actually ranked second in preventing DUIs (as opposed to penalizing DUIs), with Arkansas ranking number one. This makes DUI a serious crime in Arizona that can follow the defendant for years to come if they don’t take every effort possible in their legal defense. This is where experienced AZ criminal defense lawyers come in, providing critical support to navigate the complexities of DUI charges.

Factors That Make DUI Laws Strict

For the most part, there is no one jurisdiction that has the strictest DUI laws in effect across the board. How intoxication is measured, how defendants are penalized, and how repeat offenders are treated are a few measures of how strict an area’s DUI laws are. Some factors to be considered when analyzing nationwide DUI statutes are:

• Lookback periods: In Arizona, DUI penalties increase if the driver has a previous DUI conviction on their record. It also becomes a felony (as opposed to a misdemeanor) to receive a third DUI within a 7-year period. Some states only have a lookback period of 5 years, while some extend this to 15 years or even to life. Some states make the second offense a felony, while others wait until the fourth or fifth DUI within the lookback period to increase the charges to a felony. 
• Minimum jail sentence: Some states do not require defendants convicted of DUI to serve any time behind bars. Arizona is not one of those states, requiring DUI defendants to serve a mandatory sentence of at least 10 days, although some of this sentence can be suspended. This increases if the defendant has a prior DUI or was arrested with a higher BAC level. 
• Implied consent laws: There is a legal theory known as implied consent that gives law enforcement the authority to test the sobriety of anyone reasonably believed to be under the influence while operating a motor vehicle. In Arizona, refusing to submit to a breathalyzer test while driving results in a one-year automatic driver’s license suspension. This is an administrative suspension, and is entirely separate from any criminal prosecution arising from the incident. Some states have shorter suspension periods or don’t have an automatic suspension in place for drivers who refuse field sobriety or breathalyzer testing. 
• Legal limit: Sobriety is calculated using Blood Alcohol Content, or BAC. In Arizona, a driver is presumed to be intoxicated if their BAC is at 0.08 or higher. However, a driver can still be placed under arrest if they are investigated for DUI with a BAC of 0.05 or higher and the officer determines them to be intoxicated. In some states, 0.05 is the standard legal limit, although 0.08 is the most common legal limit across the United States. A driver’s BAC level can also be used to impose more serious charges with stricter penalties. In Arizona, a BAC of 0.15 to 0.19 results in Extreme DUI charges, while a drive with a BAC of 0.20 or higher will be charged with Super Extreme DUI. Some states start the stricter penalization at a higher BAC, such as 0.16 or 0.17. 
• Driver’s license suspension: In Arizona, a defendant convicted of DUI will have their driver’s license suspended for a certain period of time, and can have it revoked for subsequent convictions. Some defendants actually prefer jail time over a license suspension because it can be scheduled with work and have less impact on their ability to make a living. 
• Ignition Interlock Device: Most states require defendants convicted of DUI to install an IID in their vehicles after regaining their driving privileges. Installing and maintaining an IID is costly and can be a hassle. How long a state requires a DUI defendant to maintain an IID device can be a huge factor in how severely the defendant is punished. 
• Aggravating factors: Aggravating factors are those that turn a misdemeanor DUI into a felony DUI. Multiple DUIs within the lookback period is an aggravating factor. In Arizona, so is driving under the influence with a child passenger. This is a common aggravating factor in several states, but not in New Mexico, Vermont, or Montana. 

Utah 

Utah is tied for second with Arizona for DUI prevention. Utah has one of the lowest legal limits in the country at a BAC of 0.05. This makes it possible to get arrested for driving over the limit after just one or two drinks, for some people. Utah also has a unique penalty for drivers convicted of DUI at a high BAC. At what Arizona considers the Extreme DUI level, a defendant convicted of DUI in Utah will have a notice labeled on their driver’s license indicating that they should not be sold alcohol. They will have to keep that license for a certain amount of time, ordered by the court based on the severity of their offense. Utah also has one of the strictest IID requirements for DUI defendants- 18 months after a first conviction. 

Oklahoma

Oklahoma is strict in how it treats drivers charged with DUI multiple times. In Oklahoma, a second DUI offense within 10 years is charged as a felony. In Arizona, a driver must receive two prior DUIs before the third within 7 years is elevated to a felony charge. Oklahoma also has a minimum driver’s license suspension of 180 days, which is twice as long as Arizona’s minimum driver’s license suspension of 90 days. 

Georgia

Georgia is ranked high on the list of strictest DUI states despite not making a DUI a felony until a fourth offense occurs within 10 years. The administrative license suspension for a DUI in Georgia is 360 days, so defendants who are convicted will not be able to drive for about one year. 

Alaska

Alaska has challenges that are vastly unique from mainland states, but it still has some of the strictest DUI laws in the nation. First of all, it has a long lookback period of 15 years, more than double the lookback period in Arizona. It also has the highest minimum fines for those convicted of DUI- at least $1,500 for a first offense and $3,000 for a subsequent offense. 

Concerned About Facing Drunk Driving Charges In The Nation’s Strictest State For DUI? Contact Our Arizona DUI Defense Team Today

Arizona is famous- or infamous, depending on how you look at it- for its DUI laws and penalties. When it comes to all of the factors impacting the severity of a state’s DUI laws, many experts rank Arizona at the top of the list. If you have been charged with DUI in Arizona, you are facing jail time, fines, driver’s license penalties, traffic school, drug and alcohol screening and counseling, community service, keeping an IID, skyrocketing auto insurance premiums, and more. Conviction will change your life in a permanent and negative way. You might not be comfortable with your court-appointed attorney’s experience level or caseload, or the fact that you could be forced to pay for their services. Invest in yourself by retaining a skilled and passionate legal defender who will put their experience to work for your benefit. Our team works tirelessly to ensure our clients achieve the best possible outcomes from unfortunate situations. To schedule your free consultation by phone with Arizona Zero Down DUI Lawyers, call 602-661-0988 today.