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:
Suit challenges stiff new DUI laws (The Arizona Republic) 11 May 2008 at 3:54am
On Jan. 30, Phoenix police arrested Barbara B. McCloone on suspicion of driving under the influence of alcohol. Based on two breath tests, it was determined McCloone had a blood-alcohol content roughly three times the legal limit of 0.08 percent. 05-09-08 EUR ALL ON ONE PAGE! (Eurweb) 9 May 2008 at 3:09am
FOXY PLEADS GUILTY IN BROOKLYN CASE: Rapper sentenced to time served and submitted an apology. *Recent inmate Foxy Brown will avoid more jail time after taking a plea deal Thursday in her Brooklyn Blackberry Beatdown case. Jail costs increasing for Peoria (The Arizona Republic) 7 May 2008 at 2:13pm
With the cost to put people in county jails on the increase each year, Peoria is taking a look at the private sector to do the job. Utah residents pay the price for poaching in Arizona (Arizona Silver Belt) 2 May 2008 at 8:32pm
Arizona Game and Fish Department The Arizona Game and Fish Commission recently revoked the privileges of three Utah residents for spotlighting wildlife (black-tailed jackrabbits), littering, and hunting without a license on the Arizona Strip. Governor axes DUI, gun-law changes (The Arizona Republic) 30 Apr 2008 at 12:10pm
Gov. Janet Napolitano vetoed legislation Tuesday altering the state's new DUI law, citing a provision that would have cut in half a key penalty for first-time offenders. Businesses give mixed reviews to smoking ban (East Valley Tribune) 2 May 2008 at 7:14pm
Posh steakhouse Morton's, with restaurants in north Scottsdale and the upscale Biltmore area of Phoenix, has always been cigar-friendly. But a year ago, when it became illegal to smoke inside restaurants in Arizona, Morton's moved the stogie lovers outside onto "tented, misted, heated" patios. And business hasn't suffered a bit, said John Simich, Morton's spokesman. Family of fallen Gilbert police officer upset with veto (ABC 15 Phoenix) 30 Apr 2008 at 9:50pm
The widow of Gilbert Police Officer Rob Targosz spoke out Wednesday about the Governor's veto of a DUI bill. Law agencies share vision (Apache Moccasin) 2 May 2008 at 7:08pm
Working in partnership with Gila Community College, the Gila County Attorney along with the Gila County Sheriff's Office, Payson and Globe Police Departments are combining resources in order to offer a local law enforcement academy to the residents of Gila County by the fall semester of 2008. Those aspiring to a career in law enforcement are encouraged to contact the agency that they wish to ... Templar: Napolitano veto reflects illegal immigration not a federal crime (Ea... 29 Apr 2008 at 5:09pm
Recent political events in New Jersey and Arizona illustrate just how strange the whole national debate over illegal immigration has become. Mailbag (Tucson Weekly) 30 Apr 2008 at 7:20pm
Howls of outrage and squeals of delight from our astonished fans.
