It is illegal to DRIVE or be in ACTUAL PHYSICAL CONTROL of a motor vehicle in Arizona while:
BASIC DUI: Impaired to the slightest degree by alcohol or drugs.
COMMERCIAL DUI: Body alcohol content above 0.040 and driving a commercial vehicle.
MINOR DUI: Under 21 years old with any alcohol in system.
PER SE DUI: Body alcohol content above 0.080 within 2 hours of driving.
EXTREME DUI: Body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.
DRUGS DUI: An illegal drug OR its metabolite in your system (no impairment required) or impairment resulting from legally prescribed drugs. As in the case of alcohol, you are allowed to take prescription drugs and drive a motor vehicle. BUT, you can be arrested if the police think you are impaired to the slightest degree from either.
FELONY DUI LAWS IN ARIZONA
It is a very serious felony in Arizona to commit any of the above misdemeanor DUI offenses while any of the following apply:
AGGRAVATED DUI PRIORS: You have 2 or more prior DUI convictions in Arizona or in another state within 60 months of the arrest.
AGGRAVATED DUI RESTRICTED LICENSE: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.
AGGRAVATED DUI WITH CHILD IN VEHICLE: You have a child under 15 years old in the vehicle
You've just been arrested for a DUI in Arizona. Now you are looking at your citation, trying to figure what the heck is going on. Why are they charging you with two or more counts of DUI when you were only arrested once?
Most DUI charges will contain a citation to ARS 28-1381. Usually they will contain two. Under these DUI Laws In Arizona, there are two common DUI charges: 1) driving while impaired to the slightest degree, and 2) driving with an alcohol content of 0.080 or higher within 2 hours of driving. Also included are the charges of driving a commercial vehicle in Arizona with a prohibited BAC content, and driving with a prohibited drug or its metabolite in your system.
In addition, you may note an extreme DUI charge referenced to ARS 28-1382. This is charged when your alcohol content is a 0.150 or higher within 2 hours of driving. Don't panic, just because it is an extreme DUI doesn't mean it is a felony under most circumstances, and Arizona DUI Lawyers can help.
Arizona law is a complex web of Judge-made case-law, legislative made Statutes and Administrative Code, however professional Tucson, Arizona DUI Attorneys can help explain them to you. The law encompasses decisions both in Arizona Courts, and in other courts on a national level up to the Supreme Court of the United States. Like all law, it is only good until it is amended by legislative act, or interpreted by Judges in a reported case.
Many people think that the drinking and driving laws in Arizona are cut and dry, but Arizona DUI Attorneys know better and could not be further from reality. DUI law is fluid and living, and the next challenge to the validity of any part of the law, or the "science" that forms the backbone of most DUI evidence is always just around the corner. Looked at from the right angle, your case probably isn't as bad as it seems from Tucson DUI Lawyers perspective.
A normal, first offense Arizona DUI arrest is a misdemeanor. However, there are certain factors that can make even a first offense a Felony. These circumstances include:
Anti-DUI crusader, father of fallen Gilbert officer, dies (The Arizona Republic) 25 Aug 2008 at 5:12pm
Gene Targosz, who became an anti-DUI crusader after his police officer son was killed by a drunken driver, died Saturday. Traffic deaths in Arizona fell in 2007 (Tucson Citizen) 18 Aug 2008 at 12:30pm
Traffic deaths in Arizona are down 18 percent and law enforcement credits tougher DUI laws and photo enforcement for the decline. Traffic deaths in Arizona fell in 2007 (FOX 11 Tucson) 18 Aug 2008 at 2:40pm
PHOENIX (AP) -- Traffic deaths in Arizona are down 18 percent and law enforcement credits tougher DUI laws and photo enforcement for the decline. According to the National Highway Traffic Safety Administration, Arizona had 1,066 traffic fatalities in 2007, down from 1,293 in 2006. Drunken boaters face harsher penalties (The Arizona Republic) 15 Aug 2008 at 3:57am
For years, Arizona boaters caught operating their craft while drunk could stay out of jail on their first offense. Starting next year, those offenders will be treated like first-time drunken drivers: a mandatory 10-day jail sentence. Those who patrol will pay for petroleum (WNDU 16 South Bend) 8 Aug 2008 at 12:00am
South Bend police officers will pay part of the gas bill out of their own pockets to try to prevent fellow officers from losing their jobs. Weapons ban ordinance shot down in Mishawaka (WNDU 16 South Bend) 5 Aug 2008 at 1:30am
Passion about protecting fellow citizens swayed Mishawaka City Council to vote 5-4 against a weapons ban ordinance. The ban was actually proposed by Mishawaka Mayor Jeff Rea and City Attorney Cory Hamel. Valley business tries to keep drunk drivers off roads (ABC 15 Phoenix) 3 Aug 2008 at 7:27pm
A new business in the Valley hopes to take drunk drivers off the streets. The service allows you to hire a driver online. The driver will come to your home and drive your car for you for your evening out. Online photos of top athletes a cheap shot? (San Diego Union-Tribune) 3 Aug 2008 at 9:15am
The Web site is called Drunk Athlete, and it shows pictures of, well, drunken athletes. Such as San Diego Padres pitcher Jake Peavy. Peavy is shown swigging from a bottle of what appears to be Jagermeister liqueur. The photographs also can be found on several other Web sites and on a local blog called Downtown Padres. Walton County arrest report: July 2008 (Walton Sun News) 1 Aug 2008 at 7:08pm
All information is as reported by the Walton County Sheriff?s Department. An arrest does not indicate guilt or innocence of the individual.MVOP ? misdemeanor violation of probation
