Arizona DUI InformationIs Your Arizona DUI Charge About To Ruin Your Life?

In Arizona, you can, and people do, get charged with DUI when your reading is below .08. This is because the law is written to allow prosecutors to pursue DUIs when there is no breath or blood test or a reading above .08. In this type of case, the prosecutor only needs to show you were driving, or in actual physical control, and that your ability to operate a motor vehicle was impaired to the slightest degree. The prosecutor will seek to establish impairment by evidence of driving behavior, FSTs and general demeanor such as slurred speech and poor balance.

This myth catches many people off guard. The fact of the matter is, if your blood or breath test come back with results above .08, MVD will suspend your license for a minimum of 90 days regardless of wether you are found guilty or not guilty of DUI. MVD’s ability to suspend your driver’s license without a DUI conviction comes from Arizona Admin Per Se (A.R.S. §28-1385) and Implied Consent (A.R.S. §28-1385) Law. MVD will also suspend your license for a minimum of one year if you refuse to submit to a blood, breath or urine test.

These suspensions can be fought and won. However, you should not try and do this without an attorney as you risk obtaining a 3 year Mandatory SR 22 requirement on your driver’s license. In most cases, the SR-22 will cost you more money to obtain auto insurance. The legal issues to properly fight these suspensions are very limited and unique. They have nothing to do with how bad you need your driver’s license. The MVD Judge will not care about that. So, beware of fighting these suspensions on your own and understand they can go into affect before a DUI conviction or even if you are found not guilty of DUI..

Most DUIs are misdemeanor criminal offense. Some DUIs can be felonies. Clearly, any felony is a serious offense. Misdemeanor DUIs are Class 1 misdemeanors. Class 1 misdemeanors are the most serious misdemeanor offenses. All misdemeanor DUIs carry mandatory jail sentences, significant motor vehicle points, suspensions, ignition interlock requirements, etc. In Arizona, the mandatory minimum sentence for a 2^nd Offense Super Extreme DUI is six months in jail. As a misdemeanor, a DUI conviction remains on your criminal record for life. That’s no small offense.

DUI

If you’re arrested for violating Arizona’s DUI Alcohol laws, it might be helpful to know what the DUI law says to show what you’re up against. And why you might need a DUI defense lawyer to help you with defense case.

You see, Arizona doesn’t like DUI drivers.

In fact, Arizona has three basic laws prohibiting drinking with illegal amounts of alcohol in your system. These are:

§28-1381(a)(1): It is a misdemeanor to drive under the influence of alcohol and/or drugs.

§28-1381(a)(2): It is a misdemeanor to have a blood alcohol concentration (BAC) of .08 or more within two hours of operating a motor vehicle.

§28-1382(a): It is a misdemeanor to have a BAC of .15 or more within two hours of operating a motor vehicle.

In most cases, both the §28-1381(a) offenses will be charged. This will result where you are cited for DUI and your reading is above a .08 but below a .15.

Even though there is only one act, the law says a citizen can be charged and convicted of both offenses. However, the law says you can only be punished once for the offenses,(the punishments are identical).

To convict you of violating §28-1381(a)(1) the prosecutor must show you were operating a motor vehicle while impaired by alcohol. To convict you of violating §28-1381(a)(2) the prosecutor must show you were operating with a blood alcohol concentration (BAC) of .08 or more within two hours of operating a motor vehicle.

The police can still cite you and the prosecutor can still convict you for violating §28-1381(a)(1), operating a motor vehicle while impaired by alcohol even if your reading is under a .08.

Thus, if the police think you are under the influence but below a .08, they can still prosecute you for DUI.

If your reading is above .15, then the police will cite you with three charges; they are §28-1381(a)(1), §28-1381(a)(2), and §28-1382(a).

To do this, in Section §28-1381(a)(2) the prosecutor must show you were operating with a blood alcohol concentration of .15 or more within two hours of operating a motor vehicle.

If they prove this, it follows they would be able to convict you for having a BAC of .08 or more.

Also, if a jury or judge believes you had a BAC of .15 or more, they would convict you of driving under the influence. The penalties for this offense are more severe than the penalties for the §28-1381(a) charges.

I’ll explain all of this to you during your free consultation. Just call me at 602-453-3100 today to schedule your consultation.