Arizona is a no-tolerance state for driving under the influence, DUI, meaning any person who is arrested with a blood-alcohol content of less than the legal limit of 0.08%. It is against the law in Arizona for any person who is under the influence of intoxicating alcohol or any drugs to drive on the roadways of Arizona or to be in physical control of any vehicle.
At the time of application for an Arizona driver’s license, you give consent to test the BADC, which is Blood Alcohol Concentration or Drug Content, if you are arrested for driving under the influence of intoxicating alcohol or drugs. This is Arizona’s Implied Consent Law. If you are suspected of driving under the influence, the law enforcement officer will request that you submit to a BADC test of your blood, breath or urine test to measure the amount of alcohol or drugs in your bloodstream.
Arizona’s drugged driving law is 28-1381, Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification. This law states:
- It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
- While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
- If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
- While there is any drug defined in section 13-3401 or its metabolite in the person’s body.
- If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.
- It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
- A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.
- A person using a drug as prescribed by a medical practitioner who is licensed pursuant to title 32 and who is authorized to prescribe the drug is not guilty of violating subsection A, paragraph 3 of this section.
Definitions included in the Drug Offense Section can be found in Section 13-3401 of the Arizona code.
Arizona drivers who are arrested for drugged driving will be charged with DUI, Arizona Driving Under the Influence, and will be subject to DUI penalties.
