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Arizona criminal charge

Driving or actual physical control while under the influence in Arizona

Class 1 MisdemeanorCurrent through 2026 Arizona legislative session

Driving or actual physical control while under the influence is a Class 1 Misdemeanor under Arizona criminal law, defined by A.R.S. § 28-1381. As a Class 1 Misdemeanor, it is punishable within the statutory sentencing range Arizona sets for that offense class. Arizona sorts criminal offenses into class 1 through class 6 felonies, class 1 through class 3 misdemeanors, and petty offenses (A.R.S. § 13-601). A first felony offense carries a presumptive term with mitigated and aggravated departures under A.R.S. § 13-702; prior convictions (§ 13-703) and dangerous offenses (§ 13-704) change the range. Misdemeanor maximums are set by A.R.S. § 13-707 and fines by §§ 13-801 and 13-802.

Defined by A.R.S. § 28-1381.

Common questions about driving or actual physical control while under the influence in Arizona

Is driving or actual physical control while under the influence a felony or a misdemeanor in Arizona?

Driving or actual physical control while under the influence is a Class 1 Misdemeanor in Arizona under A.R.S. § 28-1381.

Which Arizona statute covers driving or actual physical control while under the influence?

Driving or actual physical control while under the influence is governed by A.R.S. § 28-1381 (Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; time limitation; violation; classification; definition).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.