Breaking Down ARS 28-1381: DUI Laws and What Drivers Should Know
In Arizona, driving under the influence is a serious crime, and ARS 28-1381 is the rule that most DUI charges are based on. Understanding how this statute works is important for every driver because even a first-time offense can lead to lasting legal and financial consequences. This article explains what ARS 28-1381 covers, how DUI charges are defined, and what drivers should know if they are stopped or charged under this law.
What Is ARS 28-1381
ARS 28-1381 is the primary Arizona statute that defines driving under the influence. It applies when a person drives or has real physical control of a vehicle while drunk, high, or a mix of both. The law does not require a driver to be visibly intoxicated. Even a slight impairment can be enough to support a DUI charge if it affects the person’s ability to drive safely.
The law also sets clear blood alcohol content limits. A driver can be charged with DUI if their BAC is 0.08 percent or higher, even if they don’t look like they are affected. The law sets a lower limit for business drivers, and for drivers younger than 21, even the smallest amount of alcohol can get them charged.
Different Ways a DUI Can Be Charged
Arizona law lets people be charged with DUI in a number of different ways. A driver can be arrested if they are even a little impaired, even if their BAC is less than 0.08 percent. If the BAC is 0.08 percent or higher within two hours of driving, there is another charge. Having drugs or drug metabolites in the body is its own crime, even if the driver didn’t feel affected at the time.
This structure gives authorities more than one way to charge someone with a DUI. Also, it means that drivers can get into a lot of legal problems even if they think it was okay for them to drive.
Penalties Under ARS 28-1381
The penalties for a DUI conviction can be severe, even for a first offense. People who get caught usually go to jail, pay fines, have their license suspended, take classes to learn about alcohol, and have an ignition interlock device installed. People who commit the same crime more than once or have a higher BAC level will face much harsher penalties.
First offenses can lead to required jail time, but some of it might be canceled if certain conditions are met. For drivers, DUI is one of the most expensive illegal charges because fines and fees quickly add up.
What Happens During a DUI Stop
If a driver is pulled over because they might be under the influence of drugs or alcohol, police can give them a field sobriety test and ask for a breath or blood test. Arizona’s “implied consent” law means that people who drive on public roads immediately agree to chemical tests. Even if there is no DUI charge, refusing a test can lead to the automatic loss of a driver’s license.
Drivers should know what they can do when they are pulled over. They must show basic ID, but they don’t have to answer questions about drugs or alcohol. Knowing when to keep your mouth shut can have a big impact on what happens next in the court process.
Why Understanding the Law Matters
A lot of drivers don’t realize how strict Arizona DUI rules are. Criminal charges can affect your job, insurance rates, and personal freedom. These charges can come from just one mistake or misunderstanding. Drivers can avoid major consequences and make good choices if they take the time to learn how ARS 28-1381 works.
If you want to learn more about DUI laws or other legal topics, click here to see more teaching materials that explain complicated legal rules in a simple way.
Final Thoughts
ARS 28-1381 is meant to keep people safe, but it also has a very broad reach and can catch drivers who don’t know they’re breaking the law. Arizona DUI laws don’t allow mistakes; they include low BAC impairment charges and strict testing rules. One of the best ways for drivers to protect themselves and make safer choices on the road is to learn how these rules work.
