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.
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 2nd 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.
