Impaired Driving

In Arizona, if you are 21-years-old or older, you can receive a DUI charge if your Blood Alcohol Concentration (BAC) is above .08% (commercial vehicle driver - .04%, under 21 - 0.00%). If you are pulled over and suspected of driving under the influence of alcohol or drugs through field sobriety testing, a chemical test will be administered. Refusal to take the chemical test may result in a one year suspension of your driver license, if it is your first offense.& If it is your second or third offense, your driver license may be suspended for two years.

 

What are the penalties for a DUI in Arizona?
  1st Offense 2nd Offense 3rd Offense
Jail Min. 24 hours to 10 days Min. 30 days to 90 days Min. 4 months
Fines and Penalties $250 base fine $500 base fine $750 base fine
License Suspension 90 days to 1 year 1 year 1 year
Interlock Ignition Device Required? Yes Yes Yes

 

The table below shows the general effects of alcohol within one hour on an average person of a given body weight. Please do not rely solely on this information. Every person is different and alcohol effects each person in a different way. Only you know your limits. Please drink responsibly.

 

Levels of Intoxication

BAC less than 0.05% - Use Caution

BAC .05-.079% - May be impaired

BAC .08%+ - Presumed under the influence

 

One Standard Drink Equals – 1.5 oz. 80 proof liquor, or 5 oz. wine, or 12 oz. beer

Body Weight Number of Drinks
1 2 3 4 5 6 7 8 9
100 0.032 0.065 0.097 0.129 0.162 0.194 0.226 0.258 0.291
120 0.027 0.054 0.081 0.108 0.135 0.161 0.188 0.215 0.242
140 0.023 0.046 0.069 0.092 0.115 0.138 0.161 0.184 0.207
160 0.020 0.040 0.060 0.080 0.101 0.121 0.141 0.161 0.181
180 0.018 0.036 0.054 0.072 0.090 0.108 0.126 0.144 0.162
200 0.016 0.032 0.048 0.064 0.080 0.097 0.113 0.129 0.145
220 0.015 0.029 0.044 0.058 0.073 0.088 0.102 0.117 0.131
240 0.014 0.027 0.040 0.053 0.067 0.081 0.095 0.108 0.121
This table shows the general effects of alcohol within one hour on an average of a given body weight. Please do not rely solely on this information. Every person is different and alcohol effects each person in a different way. Only you know your limits. Please drink responsibly.

The following Arizona Statutes are available pertaining to Arizona DUI laws:

  • Title 4 - 241: Selling or giving liquor to underage person; illegally obtaining liquor by underage person; violation; classification; definitions
  • Title 28-1381: Driving Under the Influence
  • Title 28-1382: Driving Under the Influence with a Blood Alcohol Concentration (BAC) of .15 or more (Extreme DUI)
  • Title 28-1383: Aggravated Driving Under the Influence

Prevention Savings of Impaired Driving Measures

Arizona already has many important impaired driving laws. They are saving money and lives. The estimates that follow describe the expected costs and savings, given Arizona’s prices and impaired driving rates. The estimates assume Arizona’s laws achieve average U.S. effectiveness levels.

  • Administrative License Revocation: Laws that allow police or driver licensing authorities to revoke a driver’s license swiftly and automatically for refusing or failing a BAC test have reduced alcohol-related fatalities by 6.5% on average and saved an estimated $54,100 per driver sanctioned. The value of the driver’s lost mobility is the large majority of the estimated $2,700 cost per driver sanctioned. Reinstatement fees assessed to offenders typically cover start-up and operating costs.
  • Zero Tolerance Law: Laws like Arizona’s that make it illegal for persons under 21 to drive with a positive BAC have reduced impaired-driving fatalities by 4% on average. Per licensed youth driver, these laws cost approximately $30 and yield net savings of $700. Medical care cost savings alone exceed the intervention cost. The primary cost is the value of mobility lost by youth who are forced to reduce their drinking or driving.
  • .08 BAC Law: A well-publicized state law lowering driver BAC limits to .08 can potentially reduce alcohol-related fatalities by an average of 7%. On average, Arizona’s .08 law saves an estimated $41 per licensed driver. The value of mobility losses and alcohol sales reductions resulting from the law are the large majority of the estimated $2.90 cost per licensed driver.
  • Minimum Legal Drinking Age (MLDA): To reduce alcohol-related fatal crashes among youth, Arizona has adopted a MLDA of 21. It saves an estimated $550 per youthful driver. The loss of liquor sales is the large majority of the $160 cost per youthful driver.

 

Potential Savings From Further Prevention Efforts

A number of additional strategies can mitigate the harm from impaired driving. The following paragraphs estimate the potential savings, in Arizona’s prices, if other proven impaired driving prevention measures were widely implemented in Arizona.

  • Intensive Sobriety Checkpoint Program: Intensive enforcement of Arizona State BAC limits with highly visible sobriety checkpoints would reduce alcohol-related fatalities by at least 15% and save approximately $62,500 per checkpoint. Including police resources, costs of travel delay and the value of mobility losses by impaired drivers apprehended and sanctioned, the costs of conducting a checkpoint average about $8,900.
  • Graduated Licensing: Graduated licensing is a three-stage program that involves a learner’s permit, intermediate (provisional) license, and full licensure. In Arizona, savings amount to an estimated $500 per youthful driver. The value of the mobility lost by youth is a large portion of the estimated $70 cost per youthful driver. 
  • Enforcing Serving Intoxicated Patrons Law: Using undercover police officers to enforce the State law against serving alcohol to intoxicated bar and restaurant patrons would reduce alcohol-related crash fatalities by an estimated 11%. It would cost an estimated $0.30 per licensed driver and save about $20 per licensed driver.
  • Server Training: Server training programs provide education and training to servers of alcoholic beverages with the goal of altering their serving practices to prevent patron intoxication and alcohol-impaired driving. Generally, 40% to 60% of intoxicated patrons drive after consuming alcohol in bars, clubs or restaurants. A statewide, full-day, mandatory, face-to-face server training program with active management support has the potential to reduce nighttime DUI injury crashes by 17%. Implementing such a program costs an estimated $70 per licensed driver and saves about $200 in crash costs per licensed driver.

Interventions Targeting Repeat Offenders

Not many repeat offenders are deterred by broad impaired driving laws. Four alternative sanctioning approaches have proven especially effective at reducing repeat offenses.

  • Automobile Impoundment: Impounding vehicles after conviction for DUI or driving while suspended can decrease recidivism by an estimated 38% and DUI crashes by about 4%. Overall, per vehicle impounded, enforcement of this law would cost Arizona approximately $800 and save on average $4,100. Arizona in 2005 is beginning a pilot program to look into this, and some counties have already started doing so. 
  • Ignition Interlock: Breath- testing ignition interlocks are designed to prevent anyone with a positive BAC from starting or driving a car. Attaching an interlock to a car for a year after its operator is convicted of driving while intoxicated reduce recidivism by an estimated 75% and alcohol-related fatalities by 7%. It would save almost $8,000 per vehicle equipped. Including equipment and case management costs, interlock costs total approximately $960 per vehicle. Arizona uses this system for drivers convicted of extreme DUI, and for second offense convictions.
  • Electronically Monitored House Arrest: Electronic monitoring is an alternative to incarcerating repeat offenders. It provides assurance of an offender’s presence within an assigned area. Monitoring programs attach a device to the wrist or ankle that relays a continuous signal to a computer and also may require offenders to relay a breath test when prompted by a random phone call. Implementation of this program could decrease recidivism by an estimated 31%, causing DUI crashes to decrease by about 3% in Arizona. Per person arrested, the program would cost nearly $1,400 and could avoid an estimated $5,200 in crash costs and almost $1,800 in incarceration costs.
  • Intensive Probation Supervision with Treatment: Intensive probation supervision with treatment is an alternative to incarcerating repeat offenders. This early intervention program seeks to reduce alcohol-impaired driving by addressing repeat offenders’ drinking habits and provides intensive individual counseling and monitoring. Implementation of this program in Arizona could decrease recidivism by an estimated 48%, causing DUI crashes to decrease by 4%. Typically, per person arrested, this program costs approximately $1,200 and can avoid an estimated $5,800 in crash costs and $510 in incarceration costs.

National Driving Under the Influence Statistics

Every 33 minutes, someone in this country dies in an alcoholic-related crash.

According to data from the National Highway Traffic Safety Administration (NHTSA), in 2003, A total of 38,252 fatal motor vehicle traffic crashes were recorded in the United States that accounted for 42,643 fatalities. 17,013 people were killed in alcohol-related crashes - an average of one almost every half-hour. This is a three percent decrease from 2002, when 17,524 people were killed in alcohol-related traffic crashes, representing 41 percent of the 43,005 people killed in all traffic crashes. 

 

Of these crashes, an estimated 40 percent were alcohol related, i.e., at least one driver, pedestrian or pedal cyclist had a Blood Alcohol Concentration (BAC) of 0.01 grams per deciliter (g/dl) or greater. Alcohol-related crashes accounted for about 40 percent of all fatalities in traffic crashes. About 25 percent of all drivers involved in fatal crashes had alcohol, i.e., their BAC was 0.01 or greater (0.01+).

Arizona Statistics Total Traffic Deaths Alcohol Related Deaths Percent Alcohol Related
2003 1,120 470 42

 

About 43 percent of the fatally injured drivers with alcohol were also speeding. This compares to 23 percent of the fatally injured drivers with no alcohol who were also speeding. The median age of drivers involved in fatal crashes who had alcohol is lower than that of drivers without alcohol. The median age of drivers involved in fatal crashes with alcohol is 32 as compared to 39 for drivers involved in fatal crashes without alcohol. 

 

More than two-thirds of drivers involved in fatal crashes with one or more previous DWI convictions had alcohol. While 3 percent of all drivers involved in fatal crashes were known to have a previous DWI conviction, close to 8 percent of the drivers who had alcohol also had a previous DWI conviction. Also, among the recidivistic drivers with alcohol, more than 90 percent were intoxicated (BAC=0.08+). About 37 percent of all drivers involved in fatal crashes who had any alcohol were also involved in a rollover crash as compared to 15 percent of drivers who were involved in a rollover crash and did not have any alcohol. Fatally injured passengers who were riding with a driver with alcohol were likely to be in the same age group as the driver. About 36 percent of all non-occupants who died in traffic crashes had alcohol (BAC=0.01+).

 

An estimated 1.5 million people were arrested. In fact, the average American has a 30 percent chance of being killed or injured by an impaired driver during their lifetime. And while the number of alcohol-related fatalities are at an all-time low, impaired driving is still a leading cause of death for people under the age of 30.

  2003 2001-2003
State Total Fatalities Total Killed in Crashes Involving a Driver above a .15 BAC

Total Fatalities

Total Killed in Crashes Involving a Driver above a .15 BAC
Arizona Number Number Percent Number Number Percent
1,083 210 19 3,211 659 21

 

 

What Is Impaired Driving and Who Is At Risk?

The phrase "drunk driving," while still common in everyday language and completely understandable, is not used as a legal term since many drivers who are part of the problem do not exhibit visible outward signs of drunkenness. "Impaired driving" in general means driving while abilities are impaired by alcohol or drugs. "Driving while intoxicated" (DWI) or "Driving under the influence" (DUI) means driving while under the influence of alcohol or drugs.

All drivers risk impairment when consuming alcohol or drugs--whether legal, over-the-counter and prescription medications or illegal substances such as marijuana, cocaine or other illicit drugs. Make the right choice--don't drink and drive. Yet, we know that thousands of Americans every year continue to make the wrong choices. Impaired Drivers come in all ages, genders and backgrounds.