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State Bar of Arizona
Arizona Attorneys for Criminal Justice

DUI vs DWI Drunk Driving Laws in Phoenix, Arizona

Zalman Sapad

Understanding DUI vs. DWI in Arizona

Arizona law makes no distinction between “DWI” and “DUI.” While many states use “DWI” to refer specifically to alcohol-based offenses and “DUI” for broader impairment cases, Arizona Revised Statutes (A.R.S. § 28-1381) uses only “DUI” to encompass all impaired driving—whether due to alcohol, illegal drugs, prescription medication, or any intoxicating substance. Learn more about Arizona DUI laws here.

Arizona BAC Limits & DUI Categories

  • Standard DUI: BAC ≥ 0.08% or any observable impairment.
  • Commercial DUI: BAC ≥ 0.04%.
  • Under-21 Zero Tolerance: Any detectable alcohol.
  • Extreme DUI: BAC ≥ 0.15%.
  • Super Extreme DUI: BAC ≥ 0.20%.

Arizona’s DUI laws are among the strictest in the nation—penalties scale up significantly with BAC level, repeat offenses, or aggravating circumstances.

First-Offense DUI Penalties in Phoenix

Even a first conviction brings severe consequences:

  • Jail: Minimum 10 consecutive days (possible suspension of 9 days with alcohol education completion).
  • Fines: Starting at $1,250 plus surcharges.
  • License Suspension: 90 days to 1 year.
  • Ignition Interlock Device (IID): Required for at least 12 months.
  • Alcohol Screening & Education: Mandatory, at defendant’s expense.

See full details on DUI penalties and defenses from Arizona Justice Law Group

Extreme & Super Extreme DUI Penalties

  • Extreme DUI (≥ 0.15% BAC):
    • Jail: 30 consecutive days.
    • Fine: $2,500 minimum.
  • Super Extreme DUI (≥ 0.20% BAC):
    • Jail: Up to 45 days.
    • Fine: $3,200 minimum.

Both require IID installation, alcohol counseling, and possible community service.

Enforcement in Phoenix

Phoenix Police and Arizona DPS employ DUI checkpoints, roving patrols, and specialized DUI task forces—often targeting holiday weekends and known high-risk corridors. Officers use field sobriety tests, portable breathalyzers, and chemical testing, but under Arizona law, you can still be charged below 0.08% BAC if “impaired to the slightest degree.”

Refusal & Administrative License Suspension

Under Arizona’s implied consent law, refusing a BAC or chemical test results in automatic license suspension—12 months for a first refusal, up to 2 years for a second. Refusal also does not shield you from prosecution; officers may rely on other evidence to pursue DUI charges.

Defense Strategies from Arizona Justice Law Group

As a trial-tested DUI attorney, Zalman Sapad often builds defenses by:

  • Challenging the legality of the traffic stop.
  • Examining equipment calibration and maintenance.
  • Investigating officer training and procedural compliance.
  • Identifying medical or environmental factors affecting test results.
  • Filing motions to suppress unlawfully obtained evidence.

His approach blends rigorous factual investigation with legal precision, often resulting in reduced charges or outright dismissals.

Out-of-State Implications

Arizona participates in the Interstate Driver’s License Compact, meaning DUI convictions often follow you to your home state. Even non-Arizona residents may face IID installation and suspension requirements before reinstatement.

About the Author

Zalman Sapad is a seasoned criminal defense attorney admitted to practice in Arizona and the United States District Court of Arizona. He has successfully defended clients in hundreds of criminal cases—from misdemeanor traffic offenses to serious felonies—and is known for thorough case preparation, assertive courtroom representation, and creative problem-solving.

Zalman is especially recognized for his work in DUI defense, including complex evidentiary issues, extreme and super extreme BAC cases, and drug-related DUIs. Fluent in English, Spanish, and Filipino, he serves a diverse client base throughout Maricopa County, including Phoenix, Scottsdale, Mesa, Chandler, Glendale, and surrounding areas.

He founded Arizona Justice Law Group to provide high-quality, accessible criminal defense to individuals facing life-altering charges. His experience includes jury trial advocacy, constitutional challenges, and obtaining case dismissals in DUI and alcohol-related offenses. Zalman also speaks regularly on DUI and substance abuse recovery, most recently at Cornerstone Community Day in Scottsdale.

Why Choose Zalman Sapad for your DUI Defense?

  • Extensive DUI trial experience in Maricopa County courts.
  • Multilingual representation (English, Spanish, Filipino).
  • Track record of case dismissals in DUI and alcohol-related charges.
  • Direct access to your attorney, not just paralegals.
  • Understanding of both criminal and administrative proceedings.

Contact Arizona Justice Law Group’s DUI Defense Team

If you’ve been charged with a DUI in Phoenix or anywhere in Maricopa County, time is critical. Your defense starts the moment you retain counsel. Contact Arizona Justice Law Group’s DUI Defense Team.

📧 ArizonaJusticeLawyer@gmail.com

📞 (602) 730-1756

🌐 Arizona Justice Law Group

Three Key Questions Before Your Consultation

  1. What were the exact circumstances of the stop, and were proper procedures followed?
  2. Was there any possible non-alcohol explanation for your BAC or impairment signs?
  3. Have you acted within the short time window to contest your license suspension?

Address

3030 N. Central Ave.
3030 N. Central Ave.
Suite 709

Phoenix, AZ 85012

3030 N. Central Ave., Suite 790
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