Getting arrested for DUI is always stressful, but the situation becomes even more daunting when you're charged while visiting another state. If you've been arrested for an out-of-state DUI in Arizona, you likely have numerous questions and concerns. Will you have to keep traveling back to Arizona for court appearances? How will the charge impact your driver's license back home? What kind of penalties might you be facing?
As an out-of-state driver facing DUI charges in Arizona, it's crucial to understand the state's strict DUI laws and the potential consequences of a conviction both in Arizona and your home state. The experienced DUI defense lawyers at Griffen & Stevens Law Firm have extensive experience handling cases like these and can guide you through this challenging process, fighting to protect your rights and driving privileges.
Arizona's Strict DUI Laws Apply to All Drivers
First, it's important to understand that Arizona has some of the toughest DUI laws in the nation—and they apply to anyone driving within state lines, regardless of where your license was issued. According to Arizona law, you are considered legally under the influence if your blood alcohol concentration (BAC) is:
- 0.08% or higher if you're 21 or older operating a regular passenger vehicle
- 0.04% or higher if you're operating a commercial vehicle
- 0.00% or higher if you're under 21 (under ARS Section 4-244(34), there’s a zero-tolerance policy for drivers younger than 21 years of age)
- Any amount if you're under an Interlock Device Requirement
If an officer observes signs of impairment after pulling you over, such as slurred speech, bloodshot eyes, or the odor of alcohol, they can arrest you on suspicion of DUI, even without a BAC test. Refusing a breathalyzer test results in automatic license suspension under Arizona's implied consent law.
Immediate Consequences After an Arizona DUI Arrest
After an out-of-state DUI arrest in Arizona, you will face the same immediate consequences as an Arizona resident would. You'll be taken to jail, your car may be impounded, and you'll likely have to post bail to be released. Before you can leave the state, you'll be given a date for your initial court appearance.
Many out-of-state drivers worry that a DUI arrest will force them to remain in Arizona until their case is resolved. However, in most cases, your Flagstaff DUI defense lawyer can appear in court on your behalf, saving you from making multiple trips back to Arizona.
How an Arizona DUI Conviction Affects Out-of-State Drivers
An Arizona DUI conviction triggers administrative penalties from the Arizona Motor Vehicle Division as well as potential criminal penalties through the court system. For out-of-state drivers, consequences may include:
- Driver's license suspension. Arizona will suspend your right to drive within the state, and your home state will be notified of your conviction through the Interstate Driver's License Compact, an information-sharing agreement among 45 states. Most states will treat an out-of-state DUI as if it happened there, subjecting you to that state's mandatory license suspension periods, reinstatement requirements, and other Administrative procedures.
- Jail time. First-time DUI convictions in Arizona require at least 24 hours in jail, while second and subsequent convictions mandate longer sentences. Out-of-state offenders don't typically receive harsher sentences than Arizona residents, though sentences for all DUI offenders have become more severe in recent years.
- Fines and fees. Expect to pay at least $1,500 in fines and fees for a first offense Arizona DUI. You may also be ordered to perform community service.
- Ignition interlock device. All DUI offenders in Arizona must install an ignition interlock device, which requires drivers to provide a sober breath sample before their vehicle will start. Your home state may have its own interlock requirements as well.
- Increased insurance rates. Most insurance companies significantly increase premiums after a DUI conviction, considering offenders high-risk drivers. Your insurer might even drop your coverage. Expect higher insurance costs for several years following a DUI.
- Employment issues. Depending on your job, a DUI conviction might trigger disciplinary action, especially if you drive for work. Commercial drivers face longer license suspension periods and could lose their CDL permanently after a second offense.
How a Flagstaff DUI Defense Lawyer Can Help
If you've been arrested for an out-of-state DUI in Arizona, it's crucial to consult an experienced local DUI defense attorney as soon as possible. Here's how the team at Griffen & Stevens Law Firm can assist with your case:
- Handling all court appearances and administrative hearings on your behalf, preventing you from having to travel back to Arizona for most proceedings.
- Conducting a thorough investigation into the evidence against you, ensuring that proper testing procedures were followed and no constitutional violations occurred.
- Negotiating for dismissal or reduction of charges, or for a lighter sentence that minimizes the impact on your life and your driving privileges.
- Advising you about what to expect from your home state and helping you navigate those additional processes.
- Fighting for you at trial if a satisfactory plea agreement can't be reached.
Out-of-State DUI Conviction Long-Term Effects
Beyond the immediate court-imposed and administrative penalties, an Arizona out-of-state DUI conviction can carry long-lasting collateral consequences for your life and your freedom to drive. For example:
- If your job requires driving or if you hold a professional license, a DUI blemish on your record could harm your reputation or even put your career in jeopardy.
- A DUI can limit your ability to get certain jobs or volunteer positions in the future.
- You may face more severe penalties, including mandatory jail time, if you are ever arrested for another DUI.
- International travel to Mexico and Canada may be restricted with a DUI on your record.
- Your DUI arrest and conviction will show up on background checks for seven years in Arizona, potentially affecting your ability to rent an apartment, pass an employment screening, or obtain a professional license.
The best way to avoid these lasting consequences is to fight your Arizona DUI charges from the start with help from an experienced Flagstaff DUI defense lawyer. Your attorney can identify weaknesses in the evidence against you and advocate for alternative sentencing options that can minimize the conviction's impact.