Arizona DUI laws are some of the harshest in the nation. The type of DUI charges that the State will normally charge a person with depend on things like a suspect’s BAC, prior criminal history and status of the person’s license. All Arizona Drunk Driving charges carry significant penalties, but those penalties may be greater based on a number of factors. Here are some of the more common variations:
Under A.R.S. § 28-1381, an Arizona DUI consists of driving or being in actual physical control of a vehicle:
The DUI charges listed beside are generally misdemeanors. Under some circumstances, however, drunk driving or drugged driving in Arizona could be charged as a felony. Those circumstances include:
Legal BAC limit in Arizona - The average person faces a DUI charge in Arizona if that person’s blood alcohol content (BAC) is 0.08 or greater. If you are driving a commercial vehicle, the operation of which requires a commercial driver’s license (CDL), the threshold is half that amount or a BAC of 0.04. If your BAC exceeds that amount, you can be charged with CDL DUI. In addition to the lower standard of alcohol concentration, commercial drivers are also subject to penalties specifically related to their status as holders of a CDL.
Extreme DUI charges in Arizona - If your BAC is 0.15 or more, you could be convicted of extreme DUI. Increased penalties include more jail time and higher fines and assessments. The penalties will be even greater if your BAC is 0.20 or greater, known as “super extreme DUI.”
Under Arizona DUI laws a person can be charged with DUI while operating watercraft. Pursuant to Title 5 of the Arizona Revised Statutes, boating under the influence is charged when a person is operating watercraft:
While an Arizona DUI carries serious potential penalties, a percentage of those charged with the offense are not convicted. Some cases are dismissed, others are downgraded to lesser charges (for example, reckless driving), and some result in not guilty verdicts. So being charged does not necessarily spell doom. Of course, your chances of being among those who are not convicted is a function in large part of finding the right attorney for your defense.
An experienced Arizona DUI attorney will examine the case from the outset, conduct any additional investigation required, in some cases hire an expert witness on your behalf, and take all the necessary steps to insure that your rights are protected. Possible defenses could be established by:
These are just a few of the possible defenses that may apply in your case.
Past results do not guarantee success in the future, but a proven track record is the best indication of the performance of an attorney. As criminal & defense attorneys in Phoenix, we have years of experience successfully defending clients charged with DUI. Take advantage of our free consultation and talk to us about how we would approach your case.
