In Arizona, vehicular charges vary from a simple traffic violation to vehicular
homicide. The range of possible punishment to a person can range from a simple fine
to prison for these charges.
Alcohol Offenses
Driving Under The Influence (DUI) With Intoxicating Liquor Or Drugs - A.R.S. § 28-1381 (A)(1)
- 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.
- 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.
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Driving Under The Influence (DUI) With 0.08% Or Greater - A.R.S. § 28-1381 (A)(2)
- 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:
- 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 b
eing in actual physical control of the vehicle.
- A person who is convicted of a violation of this section is guilty of a
class 1 misdemeanor.
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Driving Under The Influence (DUI) With Drugs Or Metabolite– A.R.S. § 28-1381 (A)(3)
- 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 there is any drug defined in section 13-3401 or its metabolite in the
person's body.
- A person who is convicted of a violation of this section is guilty of a class
1 misdemeanor.
- A person using a drug prescribed by a medical practitioner licensed pursuant
to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph
3 of this section.
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Driving Under The Influence (DUI) With 0.04% Or Greater In A Commercial Vehicle - A.R.S. § 28-1381 (A)(4)
- 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:
- 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.
- A person who is convicted of a violation of this section is guilty of a class
1 misdemeanor.
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Driving Under the Influence (DUI) With 0.15% or Greater (Extreme DUI) - A.R.S. §28-1382
- It is unlawful for a person to drive or be in actual physical control of a vehicle
in this state if the person has an alcohol concentration of 0.15 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.
- A person who is convicted of a violation of this section is guilty of a class 1
misdemeanor.
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Aggravated Driving Under The Influence While License Suspended - A.R.S. § 28-1383 (A)(1)
- A person is guilty of aggravated driving or actual physical control while under
the influence of intoxicating liquor or drugs if the person does any of the following:
- Commits a violation of section 28-1381, section 28-1382 or this section while the
person's driver license or privilege to drive is suspended, canceled, revoked or refused
or while a restriction is placed on the person's driver license or privilege to drive as
a result of violating section 28-1381 or 28-1382 or under section 28-1385.
- Aggravated driving or actual physical control while under the influence of
intoxicating liquor or drugs committed under:
- Subsection A, paragraph 1 of this section is a class 4 felony.
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Aggravated Driving Under The Influence With 2 Prior DUI Convictions Within 7 Years - A.R.S. § 28-1383 (A)(2)
- A person is guilty of aggravated driving or actual physical control while under the influence of
intoxicating liquor or drugs if the person does any of the following:
- Within a period of eighty-four months commits a third or subsequent violation of section 28-1381,
section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382
or this section and has previously been convicted of any combination of convictions of section 28-1381,
section 28-1382 or this section or acts in another jurisdiction that if committed in this state would
be a violation of section 28-1381, section 28-1382 or this section.
- Aggravated driving or actual physical control while under the influence of intoxicating liquor or
drugs committed under:
- Subsection A, paragraph 2 of this section is a class 4 felony.
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Aggravated Driving Under The Influence While Child Under 15 In Vehicle - A.R.S. § 28-1383 (A)(3)
- A person is guilty of aggravated driving or actual physical control while under the
influence of intoxicating liquor or drugs if the person does any of the following:
- While a person under fifteen years of age is in the vehicle, commits a violation of
either:
- Section 28-1381.
- Section 28-1382.
- Aggravated driving or actual physical control while under the influence of
intoxicating liquor or drugs committed under:
- Subsection A, paragraph 3 of this section is a class 6 felony.
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Aggravated Driving Under The Influence While Ignition Interlock On Vehicle - A.R.S. § 28-1383 (A)(4)
- A person is guilty of aggravated driving or actual physical control while under the
influence of intoxicating liquor or drugs if the person does any of the following:
- While the person is ordered by the court or required pursuant to section 28-3319 by
the department to equip any motor vehicle the person operates with a certified ignition
interlock device, does either of the following:
- While under arrest refuses to submit to any test chosen by a law enforcement
officer pursuant to section 28-1321, subsection A.
- Commits a violation of section 28-1381, section 28-1382 or this section.
- Aggravated driving or actual physical control while under the influence of
intoxicating liquor or drugs committed under:
- Subsection A, paragraph 4, subdivision (b) of this section is a class 4 felony.
- Subsection A, paragraph 4, subdivision (a) of this section is a class 6 felony.
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Operating Under the influence (OUI) / Boating DUI - A.R.S. §5-395
5-395. Operating or in actual physical control of a motorized watercraft while intoxicated
- It is unlawful for any person to operate or be in actual physical control of a motorized
watercraft that is underway within 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 operating
or being in actual physical control of the motorized watercraft and the alcohol concentration
results from alcohol consumed either before or while operating or being in actual physical
control of the motorized watercraft.
- While there is any drug as defined in section 13-3401 or its metabolite in the person's
body.
- If the motorized watercraft is a commercial motorized watercraft and the person has an
alcohol concentration of 0.04 or more.
- A person convicted is guilty of a class 1 misdemeanor.
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Vehicle Violations
Aggressive Driving - A.R.S. §28-695
- A person commits aggressive driving if both of the following occur:
- During a course of conduct the person commits a violation of either section
28-701, subsection A or section 28-701.02 and at least two of the following violations:
- Failure to obey traffic control devices as provided in section 28-644.
- Overtaking and passing another vehicle on the right by driving off the pavement or
main traveled portion of the roadway as provided in section 28-724.
- Unsafe lane change as provided in section 28-729.
- Following a vehicle too closely as provided in section 28-730.
- Failure to yield the right-of-way as provided in article 9 of this chapter.
- The person's driving is an immediate hazard to another person or vehicle.
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Criminal Damage - A.R.S. § 13-1602
- A person commits criminal damage by recklessly:
- Defacing or damaging property of another person; or
- Tampering with property of another person so as substantially
to impair its function or value; or
- Tampering with the property of a utility.
- Parking any vehicle in such a manner as to deprive livestock of
access to the only reasonably available water.
- Drawing or inscribing a message, slogan, sign or symbol that is
made on any public or private building, structure or surface, except
the ground, and that is made without permission of the owner.
- Criminal damage is punished is based upon damages to property of another.
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Drag Racing / Racing on Highways - A.R.S. §28-708
- A person shall not drive a vehicle or participate in any manner in a race,
speed competition or contest, drag race or acceleration contest, test of physical
endurance or exhibition of speed or acceleration or for the purpose of making a
speed record on a street or highway.
- For the purposes of this section:
- "Drag race" means either:
- The operation of two or more vehicles from a point side by side at accelerating speeds
in a competitive attempt to outdistance each other.
- The operation of one or more vehicles over a common selected course and from the same
point for the purpose of comparing the relative speeds or power of acceleration of the vehicle
or vehicles within a certain distance or time limit.
- "Racing" means the use of one or more vehicles in an attempt to out gain or outdistance
another vehicle or prevent another vehicle from passing.
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Driving on a Suspended License - A.R.S. § 28-3473
- Except as provided in subsection B or C of this section, a person who drives a motor
vehicle on a public highway when the person's privilege to drive a motor vehicle is
suspended, revoked, canceled or refused or when the person is disqualified from driving
is guilty of a class 1 misdemeanor.
- A person who drives a motor vehicle on a public highway when the person's privilege
to drive a motor vehicle is restricted, suspended, revoked, disqualified, canceled or
refused for a violation of section 28-1381, 28-1382 or 28-1383, under section 28-1385
or as a result of a conviction for an act in another jurisdiction that if committed
in this state is a violation of section 28-1381, 28-1382 or 28-1383 is guilty of a class
1 misdemeanor and shall be sentenced to serve at least forty-eight consecutive hours in
jail. A judge shall not grant probation, pardon, commutation or suspension of sentence
or release on any basis other than on the condition that the person serves at least
forty-eight consecutive hours in jail.
- A person who drives a motor vehicle on a public highway when the person's privilege
to do so is suspended pursuant to either section 28-1601 or 28-3308 is guilty of a class
1 misdemeanor. For a first conviction under this subsection, the court shall impose a
fine of at least three hundred dollars, except that on proper evidence of payment of
a civil penalty imposed by the court for the original civil violation that resulted
in the suspension, the court shall impose a fine of at least fifty dollars. For a
second or subsequent conviction under this subsection within one year after the date
of the first conviction, the court shall impose a fine of at least five hundred
dollars. A judge shall not grant probation to or suspend any part or all of the
imposition or execution of a sentence required by this subsection, except on the
condition that the person pay not less than the stated fine. A judge shall not dismiss
an action brought under this subsection only because the defendant has paid the civil
penalty that resulted in the suspension.
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Duty to Give Information and Assistance - A.R.S. §28-663
- The driver of a vehicle involved in an accident resulting in injury to or death of a
person or damage to a vehicle that is driven or attended by a person shall:
- Give the driver's name and address and the registration number of the vehicle the
driver is driving.
- On request, exhibit the person's driver license to the person struck or the driver
or occupants of or person attending a vehicle collided with.
- Render reasonable assistance to a person injured in the accident, including making
arrangements for the carrying of the person to a physician, surgeon or hospital for medical
or surgical treatment if it is apparent that treatment is necessary or if the carrying is
requested by the injured person.
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Excessive Speed - A.R.S. §28-701.02
- A person shall not:
- Exceed thirty-five miles per hour approaching a school crossing.
- Exceed the posted speed limit in a business or residential district by more than
twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.
- Exceed eighty-five miles per hour in other locations.
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Hit and Run - A.R.S. §28-662
- The driver of a vehicle involved in an accident resulting only in damage to a vehicle
that is driven or attended by a person shall:
- Immediately stop the vehicle at the scene of the accident or as close to the accident
scene as possible but shall immediately return to the accident scene.
- Remain at the scene of the accident until the driver has fulfilled the requirements of
section 28-663 (Duty to Give Information and Assistance).
- Make the stop without obstructing traffic more than is necessary.
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Leaving the Scene of an Accident - A.R.S. §28-661
- The driver of a vehicle involved in an accident resulting in injury to or death
of a person shall:
- Immediately stop the vehicle at the scene of the accident or as close to the accident
scene as possible but shall immediately return to the accident scene.
- Remain at the scene of the accident until the driver has fulfilled the requirements of
section 28-663.
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Reckless Driving - A.R.S. §28-693
- A person who drives a vehicle in reckless disregard for the safety of persons or
property is guilty of reckless driving.
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Underage Driving Under the Influence - A.R.S. §4-244
It is unlawful:
- For a person under the age of twenty-one years to drive or be in physical control
of a motor vehicle while there is any spirituous liquor in the person's body.
- For a person under the age of twenty-one years to operate or be in physical control
of a motorized watercraft that is underway while there is any spirituous liquor in the
person's body. For the purposes of this paragraph, "underway" has the same meaning
prescribed in section 5-301.
- *If convicted, the driver faces a two year license suspension through
the motor vehicle department.
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Unlawful Flight from Law Enforcement - A.R.S. §28-622.01
A driver of a motor vehicle who willfully flees or attempts to elude a pursuing official law
enforcement vehicle that is being operated in the manner described in section 28-624, subsection
C is guilty of a class 5 felony. The law enforcement vehicle shall be appropriately marked to
show that it is an official law enforcement vehicle.
A.R.S. §28-624(c) - law enforcement vehicle that is being driving with at least one
lighted lamp displaying red or red and blue lenses, and while the siren is activated.
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