Rideshare Driver DUIs

Driving under the influence is always treated seriously in Arizona—but for rideshare drivers, the stakes are even higher. In 2023, Arizona law changed to set a lower legal blood alcohol concentration (“BAC”) limit for rideshare, taxi, and other commercial drivers. If you drive for Uber, Lyft, or another transportation platform, even a small amount of alcohol in your system could result in a DUI arrest, the loss of your ability to drive for work, and potentially, a criminal conviction.

At the Law Office of James E. Novak, we understand the unique risks rideshare drivers face and work aggressively to challenge DUI charges that threaten your livelihood and freedom.

Most Arizona drivers are familiar with the standard BAC limit of 0.08. However, as of recent legislation, rideshare and commercial drivers are held to a lower threshold of 0.04 BAC. This change aligns Arizona law more closely with federal standards for commercial vehicle operators and reflects the public safety expectations placed on drivers who carry passengers for hire.

That means if you're working for Uber, Lyft, or any other app-based transportation company, you can now be charged with DUI at half the BAC level of a regular driver.

It’s important to note: this lower limit only applies while you’re on the clock—actively transporting or waiting to pick up passengers. But because many DUI investigations rely on subjective factors like odor of alcohol or red eyes, the distinction between being “off duty” and “working” can become a matter of argument in court.

If you're pulled over and suspected of driving under the influence while logged in to a rideshare platform, the police may investigate you for DUI under the commercial driver standard. This means:

• You may be charged even if your BAC is only 0.04 or above
• You don’t need to be showing signs of impairment—just the BAC level is enough
• You may be prosecuted under A.R.S. § 28-1381(A)(1) and (A)(2), which criminalize both impaired driving and driving with a prohibited BAC

Penalties for a first-time DUI at or above 0.04 BAC (but below 0.15) may include:

• 10 consecutive days in jail (with the possibility of 9 days suspended)
• Fines and fees totaling over $1,200
• Alcohol screening and treatment
• Installation of an ignition interlock device
• Suspension of your driver’s license
• Loss of rideshare driving eligibility

For repeat offenses, higher BACs, or aggravating circumstances, the penalties escalate quickly—sometimes into mandatory jail or prison time.

Even before a conviction, a DUI arrest can get you deactivated from rideshare platforms like Uber and Lyft. These companies use background checks and real-time driver monitoring systems that flag arrests, citations, and license suspensions.

In many cases, rideshare drivers are removed immediately after a DUI arrest, even if they were not convicted. Once deactivated, reinstatement is extremely difficult—especially if the criminal case is still open. If you rely on driving for income, that loss of access can be financially devastating.

Yes. Just because you’ve been arrested or charged doesn’t mean you’re guilty. Rideshare DUI cases are often defensible, especially when based on a BAC just slightly over the 0.04 limit.

Potential DUI defenses include:

• Challenging the traffic stop – If police lacked reasonable suspicion to pull you over, all evidence may be excluded.
• Faulty BAC testing – Breath and blood tests are prone to error, especially when the result is close to the legal limit.
• Rising BAC argument – Your BAC may have been below 0.04 while driving but rose afterward.
• Not working at the time – If you were logged out of the app and not actively working, the 0.08 BAC standard may apply.
• Improper field sobriety testing – Officer error in roadside testing procedures can undermine the case.

Our firm will examine every detail of the arrest, test results, and officer conduct to identify any issues that could lead to reduced charges or a full dismissal.

As a former prosecutor, James Novak knows how DUI cases are built—and how to break them down. We focus on defending clients in the Phoenix metro area, including rideshare drivers who find themselves unfairly targeted or harshly prosecuted.

We understand the impact a DUI can have not only on your record but on your ability to work, support your family, and maintain your reputation. We fight to limit the consequences and preserve your future.

If you're a rideshare driver charged with DUI—even if your BAC was just 0.04—you need legal representation immediately. These cases move quickly, and without a strong defense, you risk losing your license, your job, and your freedom.

Call the Law Office of James E. Novak today at 480-413-1499 or contact us through our secure online form to schedule a free consultation. Let us help you fight the charge and protect your future behind the wheel.