Implied Consent Laws
Laws requiring drivers alleged of driving under the influence to admit to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include mandatory suspension of a driving license for up to a year.
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Blood-Alcohol Concentration
In Arizona, any driver with a blood-alcohol absorption - or BAC - above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this evidence is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Zero Tolerance Blood-Alcohol Concentration
In all states, “zero tolerance laws” centre on drivers not of legal drinking age. In Arizona, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.
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Enhanced Penalty Blood-Alcohol Concentration
In some states there is a more stern punishment for those convicted of DUI with a for the most part high blood-alcohol content at the moment in time of arrest; this is generally .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Arizona.
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Administrative License Suspension/Revocation Penalties
These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Arizona’s maximum allowable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.
Penalties involve suspension or revocation (meaning short-term or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Arizona, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
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Vehicle Confiscation
The penalty of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a prospect in some states, usually for repeat offenders. This is not a penalty option in Arizona.
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Ignition Interlock
An ignition interlock device attaches to the condemned DUI offender’s vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an choice in Arizona.
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Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug reliance can be required for DUI offenders in Arizona. These steps are often recommended instead of serving a sentence of incarceration or paying fines.
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