Driving Under the Influence (DUI) in Arizona is not just a traffic ticket. It is a crime. In Arizona DUI is a class 1 misdemeanor which is the most serious of the three categories of misdemeanors in Arizona. Arizona drivers should be educated as to what constitutes a DUI under Arizona law to avoid criminal consequences. A driver or someone in actual control of a vehicle can be convicted of DUI three different ways in the State of Arizona.

1. Impaired to the slightest degree
There is no actual ‘legal limit’ in the State of Arizona contrary to what many believe. If the State can prove that your ability to drive has been impaired to the slightest degree by the use of alcohol, drugs or any combination of drugs (including prescription) you may find yourself convicted of DUI.

2. .08% or more within two hours of driving
If the State can prove that your blood alcohol concentration is .08% or more within two hours of operating or being in control of a vehicle you may find yourself convicted of a DUI. At .08% you are presumed to be impaired. The additional charge of Extreme DUI with heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .15% or more within two hours of driving or being in actual control of a vehicle. The additional charge of Super Extreme DUI with even heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .20% or more within two hours of driving or being in Actual control of a vehicle.

3. Non-prescribed drug or its metabolite in the body
If your blood or urine contains a non-prescribed drug listed in A.R.S. 13-3401 (which is a listing of illegal drugs and drugs that require a prescription), and the State can prove you have been driving or in actual control of a vehicle, you may find yourself convicted of DUI.