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DUI In Arizona

A DUI in Arizona is a misdemeanor unless it is a 3rd offense or higher within a 5 year period, the person's license is suspended, or there is a child in the car, in this case would be considered a felony.

The legal limit in Arizona is 0.08. A BAC of 0.150 or higher leads to the extra charge of Extreme DUI, which has much tougher penalties according to Arizona DUI Law. For persons driving a commercial vehicle requires a CDL, the legal limit is 0.04. For "minors" under 21 years of age, any measurement of alcohol in the system is illegal.

Arizona DUI law has a national reputation as being the nation's roughest, and for very good reason. A first offense extreme DUI in Arizona has a least sentence of 30 days in jail, 20 of which can be suspended under certain rules (which in Maricopa County usually means that a first-time offender will serve at least 10 days in Sheriff Joe's tent-city).

Each year the DUI Laws in Arizona and Drivers License Suspension Laws become more harsh, either through judge-made case law, or through law promoted by groups such as MADD and prosecutors. Arizona DUI law now provides that the police officer has the choice of whether you will be asked to give to a blood, breath or urine test to gauge the content of alcohol or drugs in your body.

The law plays a trick on DUI suspects, in that police officers must tell the DUI suspect that he/she has a right to refuse the chemical test. You do have a right to refuse, but the reality of that "right" is offset by the harsh reality that if you do refuse the officer will almost always get a search permit and force a blood test.

In suspected DUI cases involving narcotics, the police officer may be able to force a urine sample, which means forcibly putting in a catheter if necessary.

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