Driving While Intoxicated (DUI) or Driving Under the Influence (DWI)?

Driving While Intoxicated (DUI) or Driving Under the Influence (DWI)
It’s all the Same in Arizona
Guest Article by Attorney David Michael Cantor, The Law Offices of David Michael Cantor, Arizona.

In many states, a DWI (Driving While Intoxicated) and a DUI (Driving Under the Influence) are different charges and carry with them their own set of punishments. However, in the state of Arizona, they are equal and carry matching punishments. The differences reside on the technical definitions:

  • DUI (A.R.S. §28-1381 (A)(1)) Driving Under the Influence of Intoxicating Liquor (or Drugs): The DUI charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions.
  • DWI (A.R.S. §28-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or Greater within Two Hours of Driving. The DWI charge does require a breath or blood reading, but it does not require that the accused have a BAC of .08% or greater “at the time of driving”. It prohibits anyone from having a BAC of .08% or higher within 2 hours of driving if the alcohol was consumed during, or before, driving the car.

Interestingly, if you happen to live in a state that does classify these two charges separately and acknowledges them individually, the DUI is typically the lesser charge. This is because in order to be charged with a DUI, an officer must simply suspect that you are under the influence based on how you are driving, any symptoms of being impaired (slurred speech, for example) or simply telling the officer you have had alcohol to drink.

Because Arizona takes driving while impaired extremely seriously, you can view them as the same; the differences among impaired driving charges exist within the severity of impairment based on BAC readings and the amount of times you have been charged with a DUI in the past.

The Charges and Their Penalties of Regular (Standard) DUI

First Offense Regular DUI (Misdemeanor): First-time conviction or has been seven years since the last conviction;  BAC is at .149 or less. Penalties include:

  • 10 days in jail
  • Counseling (up to $585 for 36 hours)
  • Fines (in excess of $1,537 plus surcharges)
  • 1 year of having an ignition interlock device (up to $1,200 a year)
  • Providing an SR22 document to your auto insurance ($500)
  • Substantial increase in auto insurance
  • A grand total of about $13,000

Second Offense Regular DUI (Misdemeanor): Second conviction or if you have a prior DUI within the past seven years; BAC of .149 or less. Penalties include:

  • 90 days in jail ($2,500)
  • Counseling (up to $585 for 36 hours)
  • Fines (in excess of $3,500 plus surcharges)
  • Loss of driver’s license for a year
  • 1 year of having an ignition interlock device (up to $1,200 a year)
  • 30 hours of community service
  • Providing an SR22 document to your auto insurance ($500)
  • Substantial increase in auto insurance
  • Job loss, depending upon career

Third Offense Regular DUI (First Offense Felony, Aggravated DUI): If this is your third DUI within seven years, the prosecutor in the state of Arizona could easily decide (and more than likely, will) to charge you with a felony. If they do charge you with a felony DUI, the mandatory minimum punishment is four months in the Department of Corrections. If you have had two prior DUI convictions within the past seven years, your BAC is .149 or less, and they charge you with a misdemeanor, the penalties include:

  • 180 days in jail, if convicted of a misdemeanor ($14,500)
  • Counseling (up to $585 for 36 hours)
  • Fines (in excess of $3,500 plus surcharges)
  • Loss of driver’s license for a year
  • 1 year of having an ignition interlock device (up to $1,200 a year)
  • Providing an SR22 document to your auto insurance ($500)
  • Substantial increase in auto insurance
  • Job loss, depending upon career

Outside of the Standard DUI classifications, there are Extreme DUIs and Aggravated DUIs. Extreme DUIs occur when a driver has a BAC of 0.15 or higher. Aggravated DUIs (felony) occur when a DUI is committed with a suspended, revoked or cancelled driver’s license or is a third DUI offense within 84 months.

In Arizona, there is a separate conviction called Aggravated DUI with Child in Car. This is perhaps the most egregious of the DUI convictions because you are not just facing a felony charge; you are facing potentially losing custody of the child (under the age of 15) that was in the vehicle when you were pulled over for DUI. The penalties include:

  • 10-45 days in jail, depending upon severity of DUI (up to $3,700)
  • Counseling (up to $585 for 36 hours)
  • Fines (in excess of $3,500 plus surcharges)
  • Loss of driver’s license for a year
  • 2 year of having an ignition interlock device (up to $1,200 a year)
  • Providing an SR22 document to your auto insurance ($500)
  • Substantial increase in auto insurance around $3,000 for the next three years
  • Job loss, depending upon career
  • Loss of voting and gun rights
  • Total cost of between $4,000 to $26,000 depending upon BAC

Arizona DUI lawyers have a variety of defenses to use for DUI charges. These defenses include:

  • No Reasonable Suspicion to Stop
  • No Actual Physical Control
  • No Probable Cause for Arrest

The Law Offices of David Michael Cantor advise their clients to always invoke their Right to Remain Silent. Constitutional rights prohibit an officer from asking too many questions; the answers to questions asked by officers could make a suspect unintentionally make statements that might unfairly indicate guilt. In addition to invoking your right to remain silent, if you are pulled over for a DUI, always request to speak to an attorney at once—whatever state you may be in.

David Michael Cantor is a DUI Attorney in Mesa Arizona at The Law Offices of David Michael Cantor. He is a Certified Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®.