New Arizona DUI Laws: Arizona Still Most Punative On Drunk Drivers

In todays world, the political climate against those charged with DUI in Arizona is arid and hostile, like the desert. Nowhere in the United States are drunk driving penalties as punative, and the rules governing the litigation of cases so favorable to the prosecution.

"I had no idea I would be facing 45 days in jail for a one time mistake when nobody got hurt," Arizona DUI defendants have been heard to say in courtrooms from Tucson to Flagstaff. But that is the sobering reality since last fall. Now, thanks to a new update in Arizona DUI law signed by Governor Napolitano, as of December 31, 2008 it will be even worse for those facing a DUI.

The average DUI case these days borders on "extreme DUI," which in Arizona is devined of having a body alcohol content of .150% or more within two hours of driving. Until New Year's Eve, a person convicted of extreme DUI in Arizona will face a minimum of 10 days in jail. But when the new law takes effect at the stroke of midnight, a person convicted of extreme DUI will face a flat 30 days in jail as a minimum. Judges in Tucson and Phoenix who now give the 10 days, even though they could give more will be forced to assign a minimum of 30 days. That's pretty sobering stuff for a person who has never committed a crime in his lifetime.

Add to the jail time a permanent Arizona DUI record, potential loss of a job, license suspensions, fines, community service, and ignition interlock device requirements, and a person convicted of a first offense misdemeanor DUI in Arizona will suffer more consequences than many convicted sex offenders and those convicted of felony drug charges.

Take the case of the person on vacation to Tucson who, after a day of yoga and swimming, has two drinks and then drives to a movie. Stopped for DUI by the Tucson Police department, she will go home with a serious misdemeanor charge hanging over her head. If she happens to have a suspended license or more than one prior DUI, she may be held in jail and charged with a felony DUI.

An Arizona DUI is a serious charge, as is a drunk driving arrest anywhere in the United States. But Arizona's harshness of penalties surprise many. Businesses in Tucson and Phoenix, where the public transportation system is difficult, may suffer serious downturns as the public becomes more aware of the downside risk of driving after drinking. There is no easy solution to the issue of drunk driving, and Arizona's approach will one day be viewed as either draconian or visionary. Only time will tell. In the meantime, if you have anything to drink in Arizona, best to stay off the roads.