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: