Written by Canterbury Law Group

Arizona DUI Laws 2024

Arizona DUI Laws

Driving under the influence (DUI) is a serious offense in Arizona, with strict laws and harsh penalties. Here’s a summary of the key points:

Blood Alcohol Content (BAC) Limit:

  • Adult drivers (21+): 0.08% BAC or higher is considered DUI.
  • Commercial drivers (CDL holders): 0.04% BAC or higher is considered DUI.
  • Underage drivers (20 and under): Any detectable amount of alcohol in their system is considered DUI.

Penalties:

  • First offense:
    • Up to 10 days in jail (mandatory minimum).
    • $1,250 minimum fine.
    • Alcohol screening/education/treatment.
    • Ignition interlock device required for one year.
    • Community service.
  • Second offense:
    • 90 days in jail (mandatory minimum).
    • $3,000 minimum fine.
    • Driver’s license revoked for one year.
    • Ignition interlock device required for two years.
  • Third and subsequent offenses:
    • More severe jail time, fines, and license revocation periods.
    • Increased ignition interlock device requirements.

Additional Points:

  • Implied Consent Law: By driving in Arizona, you consent to chemical testing (breathalyzer, blood test) if suspected of DUI. Refusal can result in harsher penalties and license suspension.
  • Field sobriety tests: Officers may conduct these tests to assess impairment.
  • Drug DUI: Driving under the influence of drugs, prescription or illegal, is also illegal and carries penalties similar to alcohol DUI.
  • Marijuana DUI: Legalization of recreational marijuana doesn’t change DUI laws. Driving while impaired by marijuana is illegal.

Resources:

Disclaimer: This information is for general awareness only and should not be considered legal advice. Please consult with an attorney for specific questions about DUI laws and your situation.

The DUI laws of Arizona explicitly forbid the operation of any form of motor transport in these circumstances:

  • When the operator of the vehicle has a blood alcohol content (BAC) of 0.8 or more
  • When they are under the influence of alcohol or drugs if the driver is to the slightest degree impaired

There is what is known as a “Not a drop” law in the state of Arizona. It states drivers under the of twenty-one years cannot drive with any amount of detectable alcohol in their body. Colloquially this is known as a “baby DUI.”

Incidentally the law includes what is defined as being in control of a motorized or electric vehicle as well as operating or driving a vehicle. The purpose is to prevent drunk driving prior to it commencing.

Arizona DUI Penalties

In Arizona, the circumstances of each case will determine the penalties for a DUI including the amount of previous convictions the individual may have as well as the blood alcohol content of the driver.

Impaired DUI (Blood Alcohol Content ranging from .08 to .149%)

  • Jail: The minimum term is 10 days but is subject to all but 1 day or twenty-four hours may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $1,480
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: 1-year mandatory (with a possible 6-month reduction)

Extreme DUI (Blood Alcohol Content ranging from .15 to .199%)

  • Jail: The minimum term is 10 days but is subject to all, but 9 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,000
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: 1-year mandatory

Super Extreme DUI (BAC of at least .20%)

  • Jail: The minimum term is 45 days but is subject to all, but 14 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,250
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Further DUIs

Unquestionably Arizona has very harsh penalties for repeat offenders:

Impaired DUI

  • Jail: The minimum term is 90 days and 30 of those must be served on consecutive terms but is subject to all, but 30 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,000
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Extreme DUI

  • Jail: Minimum of 120 days (60 served consecutively)
  • Fines: Minimum of $3,250
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Super Extreme DUI

  • Jail: Minimum of 180 days (90 served consecutively)
  • Fines: Minimum of $4,250
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

You should also know a third DUI represents a felony offense and carries a mandatory and minimum prison sentence of four months as license revocation for a minimum of one year, an IID requirement for a minimum of two years and in excess of $4,000 in assessments and fines.

Refusing a Breath Or Blood Test in Arizona And Implied Consent

The “implied consent” law on the books in Arizona states following a DUI arrest all drivers must, without exception, provide a breath or blood test. To refuse to do so will be penalized thus:

  • Suspended License 1st offense: 1 year
  • Suspended License 2nd offense: 2 year

While DUI laws tend to be similar across the United States, drivers should be aware of important legal distinctions from state to state. Arizona DUI laws are no exception. As a driver, you should already understand that operating a vehicle while impaired by drugs or alcohol could lead to serious legal ramifications.

This article explains Arizona DUI laws and what you should expect if charged there.

Arizona DUI Laws

According to Arizona’s DUI laws, it is illegal to drive or be in physical control of a vehicle while under the influence of drugs or alcohol. In addition, police officers can charge you with a DUI for a blood-alcohol content level (BAC) of 0.08% or greater. In some circumstances, such as driving a commercial vehicle, your BAC can be much lower and qualify as a DUI.

Overall, Arizona has a very strict approach to DUIs, referring to the act as the equivalent of a “violent crime.” As such, the state’s penalties even for a first-time offense could be seen as especially harsh compared to a state like California, where you could be a third-time DUI offender and not necessarily serve mandatory jail time.

These distinctions are broken down further in the following sections.

Arizona’s DUI Definition

First, there is a special emphasis in Arizona, as dictated by ARS § 28-1381, on the physical act of operating a vehicle while under the influence of alcohol or drugs. In Arizona, “under the influence,” should be understood as clearly impaired by a substance, legal or otherwise, to the point where you are not capable of safely operating any vehicle.

So if you are not capable of safely controlling your car or truck, but make any identifiable attempt to do so, you are guilty of a DUI according to Arizona law. Understanding this emphasis is important because you need not be driving to get charged with a DUI.

You Can Get an Arizona DUI Without Actually Driving

Even if you are not driving, any action that could be construed as “actual physical control” of your vehicle still violates Arizona’s DUI laws. Actual physical control goes into effect when you are deemed to be the primary party in control of your vehicle. Even if you aren’t on the road, actions like turning the headlights on, rolling the windows up or down or putting keys in the ignition or actions that dictate you are in actual physical control.

Please also note that you can still get charged with a DUI within two hours of operating a vehicle if your BAC is still above the legal limit during that time. That means even if you are at home, having driven an hour ago, you may still face charges for having too recently driven your car with a BAC above the legal limit.

How Arizona Law Defines “Under the Influence”

In Arizona, you are under the influence if you are impaired by a substance to the point it interferes with your ability to drive or operate a vehicle safely. This is typically defined according to reaching and exceeding a certain BAC limit. The standard is 0.08%, however it drops to 0.04% for commercial driving.

Arizona’s “Not A Drop” Law

The “not a drop” law, sometimes referred to as a baby DUI, concerns Arizona’s zero tolerance for underage driving and driving. If you are under 21 and drive with a BAC greater than 0.00%, you are guilty of a DUI.

A driver can have a detectable amount of alcohol in your system even after a few sips of beer or wine, making it very easy for underage drivers to violate this law and get into trouble.

Arizona “Shelter Rule” Defense

As stringent as Arizona’s laws can be about what falls under the definition of a DUI offense, the state also worried that some drivers, fearful of getting caught, would risk driving while intoxicated in the hopes of reaching home, a friend’s house, or hotel. And as parking isn’t necessarily an immediate defense against a DUI, some may have felt even more inclined to risk their safety and others by driving.

With this concern in mind, Arizona passed the “Shelter Rule” law, a temporary shelter defense against a DUI charge. Under this law, the act of pulling onto the side of the road or into a parking lot could be argued as relinquishing physical control, as you are avoiding the act of drunk driving.

There are a couple of factors that a judge or jury would need to take into consideration when deciding if a driver is in actual physical control:

  • Are they behind the wheel? A person asleep in the back seat does not have the level of control over their vehicle that someone passed out behind the wheel might.
  • Do they have keys in the ignition? While a lack of keys might help determine physical control in certain cases, many new vehicles do not use keys to start the ignition.
  • What is the time of day? It makes the most sense to pull over and “sleep it off” if the driver does so in the middle of the night.

The more favorable these mitigating factors in demonstrating the relinquishment of actual physical control, the less likely you are to be convicted of a DUI.

Arizona DUI Penalties

Although the Arizona DUI laws label most offenses as misdemeanors, the consequences are still serious, even for the very first time. The severity of penalties also increase when drivers move from a simple DUI to an extreme or aggravated DUI.

Arizona’s Aggravated DUI Penalties

In Arizona, you have committed an aggravated DUI if you:

  • Are arrested of a DUI with a suspended, revoked or canceled license.
  • Commits a third DUI offense within 84 months of a previous conviction.
  • Commit a DUI offense while a person under 15 is in the car.
  • Has an ignition interlock device (IID) in place, but refuses to submit to a BAC test.

While most DUIs can be charged as a misdemeanor, an aggravated DUI is a felony that carries stiff punishment if convicted. Penalties include up to two years in prison, loss of your driver’s license for a year, mandatory entrance into an alcohol education, treatment and screening program, addition of a certified IID in your vehicle, and mandatory community service.

Arizona’s Extreme DUI Penalties

An extreme DUI refers to drivers with a BAC level exceeding 0.15%. The first time this happens, drivers serve a mandatory jail sentence of at least 30 days without the eligibility of probation or a suspended sentence. Additionally, they must pay a minimum fine of $2,500. Any vehicle you drive must get an IID installed, and you are required to enroll in an alcohol screening, education and treatment program.

While the extreme DUI has harsher punishments than a standard DUI charge, it still gets classified as a misdemeanor.

For the second offense and beyond, the punishments become even more severe. Your license gets automatically revoked for a year, and you face a minimum jail sentence of 120 days. In addition to the mandatory IID and alcohol screening, education, and treatment program, you must also perform community service.

It’s important to remember that the severity of subsequent DUI charges increases the closer they occur together; typically, the escalation in severity refers to multiple convictions happening within a seven-year period.

Implied Consent and Refusing a Blood or Breath Test in Arizona

According to ARS § 28-1321, the “implied consent affidavit,” is served to any driver suspected of a DUI offense where they refuse to or are for whatever reason cannot submit to testing that determines their blood alcohol concentration or drug content. This affidavit is the equivalent of a DUI citation.

For this reason, all drivers are required to submit to testing. The first time a driver refuses, their driving privileges get suspended for a year; a second refusal within 84 months of the first will cause a two-year suspension.

Speak With One Of Our DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

3rd DUI Arizona: Laws And Penalties

3rd DUI Arizona

A third DUI conviction within seven years in Arizona is considered an “Aggravated DUI”. This results in a class four felony. A third DUI conviction will come with a felony charge even if there is no one injured or no property damage whatsoever. 

Third DUI Laws In Arizona

In the state of Arizona, it is unlawful for any individual under the influence of drugs or alcohol to be in physical control of a vehicle. Once you have obtained a driver’s license in the state, you are implicitly agreeing to allow the administration of a blood alcohol content test (BAC) and field sobriety tests if you are suspected of driving while under the influence.

A third or subsequent offense DUI in this state carries felony fines, as well as harsh penalties. This does include mandatory jail time.

Third DUI Penalties In Arizona

A third DUI conviction in Arizona within seven years will carry some stiff penalties, including the following:

  • Incarceration of at least four months with the possibility of three and three-quarter years.
  • Base fine of at least $750.
  • Fees and fines ranging from $4,000-$150,000.
  • Impoundment of the vehicle.
  • Up to 10 years’ probation.
  • A driver’s license revocation of up to one year.
  • Installation of ignition interlock device for two years following reinstatement of driver’s license.
  • Traffic survival school.
  • Inability to plea charge down to a wet reckless.
  • The felony remains a “forever allegeable” prior.

How Long Does a Third DUI Take to Resolve?

From the moment our respondents were arrested to the time for everything to be finalized, the average time was 7.8 months. This was 2.5 months longer than first time DUI offenses.

How Much Does A Third DUI Lawyer Cost?

When averaged out from the respondent’s answers, the average mean cost was $7,300 – included in this were court ordered fines averaging $1,600, the same amount again for increased insurance premiums not to mention additional costs such as ignition interlock devices, bail costs, alcohol education courses and expenses and criminal defense attorney’s fees.

Average attorney expenses and fees figured out at $2,700 but the price escalated when private DUI lawyers were hired to a mean of $4,000. However, it is very important to get an attorney as soon as you can. The total average cost does not include income lost by a defendant and fifty percent of the respondents said they had greater income loss than for their first DUI offense.

3rd or 4th DUI Lawyer Cost

Need a Criminal Defense Attorney in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Written by Canterbury Law Group

What Is An Aggravated DUI In Arizona?

What Is An Aggravated DUI In Arizona

Driving under the influence (DUI) is a serious charge across the U.S. Arizona, specifically, has some of the toughest DUI laws in the country. In some situations, a DUI charge can be elevated to an aggravated DUI. This charge can result in more severe penalties.

What Is Aggravated DUI In Arizona?

Also known as a felony DUI, an aggravated DUI, happens when certain aggravating factors occur during the DUI offense. These factors can escalate a standard DUI to a more severe level. These are the following circumstances when a DUI can become an aggravated DUI in Arizona:

  • DUI charge while individual under 15 years old is in the vehicle.
  • DUI with a suspended, restricted, or revoked driver’s license.
  • DUI while an ignition interlock device is required.
  • Third DUI conviction within the past 7 years.

Aggravated DUI Penalties In Arizona

Of course, penalties for an aggravated DUI are much harsher than a standard DUI. These are some of the potential penalties:

  • Fines and fees ranging from $4,000 to $150,000.
  • Mandatory imprisonment from 4 months to 8 years.
  • License revoked for up to 3 years.
  • Required to install an ignition interlock device.
  • Probation up to 10 years, including mandatory alcohol education, community service, and counseling.

Defending Against An Aggravated DUI

An experienced criminal defense attorney can help you to fight against an aggravated DUI charge. The attorney will challenge the evidence and create a strong and compelling defense strategy.

Common defense tactics will include:

  • Questioning field sobriety tests accuracy.
  • Challenging the legality of said traffic stop.
  • Arguing for exclusion of certain pieces of evidence.
  • Disputing reliability of blood tests/breathalyzer.
  • Presenting mitigating factors that can reduce the severity of the penalties.

DUI Vs Aggravated DUI

Driving Under the Influence is a criminal charge of motor vehicle operation while you are in a state of impairment from alcohol or drugs. A DUI can have severe penalties, especially in states like Arizona. You can be fined, have your license to drive suspended or even spend time in jail. Depending on the level of your blood alcohol concentration (also known as BAC) you could be looking at a minimum punishment of more than 6 weeks in jail for your first offense. Other possible penalties besides jail time include:

  • Large fines.
  • Insurance premium increases.
  • A requirement to install an ignition interlock device on your car.
  • Suspension of driver’s license.

It is very well known both prosecutors and police in Scottsdale enforce the laws in an aggressive fashion even when the probable cause of the arrest is weak. A very hardline stance is adopted by the city prosecutor of Scottsdale when it comes to DUI cases and whom has a history of seldom agreeing to dismiss a charge for DUI as part of a plea deal. You need an attorney who will just not accept you entering a guilty plea and going to jail as a result.

Searching For DUI Attorney In Arizona?

A competent DUI lawyer will listen to you, have an understanding of your case and then assist you in court is not always easy to find. It may be a wise to ask friends who you trust as well as family members to see if they have any recommendations or suggestions. Next, assemble a list (perhaps a spreadsheet can be used) include the name of the attorney, their area of practice, contact details and their address.

If you have spoken to them, write down the cost of their services in another column. Furthermore, check the background of any lawyers you are considering. The State Bar website will have useful information on any malpractice in their history. Also ensure they are licensed to practice law in the area you live.

DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

How To Beat A DUI In Arizona

How To Beat A DUI In Arizona

Driving Under the Influence is a criminal charge of motor vehicle operation while you are in a state of impairment from alcohol or drugs. A DUI can have severe penalties, especially in states like Arizona. So, how can you beat a DUI? Let’s take a look at 10 ways below.

Ways To Beat A DUI In Arizona

You can be fined, have your license to drive suspended, or even spend time in jail for a DUI in Arizona. Depending on the level of your blood alcohol concentration (also known as BAC) you could be looking at a minimum punishment of more than 6 weeks in jail for your first offense. Other possible penalties besides jail time include:

  • Large fines.
  • Insurance premium increases.
  • A requirement to install an ignition interlock device on your car.
  • Suspension of driver’s license.

It is very well known both prosecutors and police in Scottsdale enforce the laws in an aggressive fashion even when the probable cause of the arrest is weak. A very hardline stance is adopted by the city prosecutor of Scottsdale when it comes to DUI cases and whom has a history of seldom agreeing to dismiss a charge for DUI as part of a plea deal. You need an attorney who will just not accept you entering a guilty plea and going to jail as a result. Your attorney may use one of the following ways to beat your DUI charge.

1. No Cause For Arrest

The officer who pulls you over needs to have enough suspicion to arrest you following the traffic stop. If you are able to prove the officer did not have a legitimate reason for pulling you over, the case can be dismissed regardless of the DUI test results.

2. Driving Over Speed Limit

Speeding and driving under the influence are not always related to one another. This means that speeding cannot be the reason for suspected intoxication. The defense will need to show that a speed detection instrument was used to show the driver was traveling over the speed limit.

3. Not A Random Stop

The NHTSA outlines that the officer(s) should stop vehicles according to a formula put in place. If there was any deviation in your case, you can bring this up in your defense.

4. Not Your Alcohol

If the officer discovers an open bottle of alcohol in your vehicle, he or she could use this as proof for DUI. You will be able to prove that the bottle belonged to someone else in the vehicle, though. Or you can make the case that you did not know there was an open bottle in the vehicle.

5. Test Site Delay

You can also make the case that there was too long of a delay in taking you to the chemical testing site after you were stopped by the officer.

6. Weaving In And Out Of Traffic

If the officer stopped you at first for simply weaving in and out of lanes, you can protest this as well. You may have been changing lanes to avoid an accident or inclement weather. The officer did not have the right to stop you if the weaving was not done consistently.

7. Not A Complete Stop

You may show that intoxication was not the reason why you were unable to stop properly at a traffic signal. This could have happened due to many other factors and it is not proof of intoxication while driving.

8. No Reasonable Doubt Of DUI

In order to stop and interrogate you, the officer must be reasonably sure that you are under the influence. Even erratic driving patterns do not show you are intoxicated.

9. Staggering Not Alcohol-Related

Staggering or swaying on the sidewalk may be used as evidence of a DUI. Of course, swaggering can be the result of uneven road conditions or a medical issue.

10. Breathing Time

10 seconds is the recommended amount of time you must breathe into a machine to determine intoxication. You can make the case that you were breathing for too long or not enough time before the DUI was determined.

How To Find A DUI Lawyer In Arizona

A competent DUI lawyer will listen to you, have an understanding of your case and then assist you in court is not always easy to find. It may be a wise to ask friends who you trust as well as family members to see if they have any recommendations or suggestions. Next, assemble a list (perhaps a spreadsheet can be used) include the name of the attorney, their area of practice, contact details and their address.

If you have spoken to them, write down the cost of their services in another column. Furthermore, check the background of any lawyers you are considering. The State Bar website will have useful information on any malpractice in their history. Also ensure they are licensed to practice law in the area you live.

Source: https://www.duirights.com/arizona/10-ways-to-beat-an-arizona-dui/

DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

First Offense DUI In Arizona & Fighting A Charge

First DUI Offense In Arizona

For anyone who’s charged with driving under the influence (DUI), there are generally several ways of handling the case. Typically, it comes down to either making a plea deal with the prosecution or fighting the charge at trial. Here are some things to consider before deciding whether to plead guilty or no contest to a DUI charge.

Weighing Your Options Before Pleading to a DUI Charge

The consequences of a DUI conviction can be severe. So, it’s always a good idea to talk to an experienced DUI lawyer (whether that’s a private lawyer or a public defender) before making any decisions in your case. Every case is different, but here’s some basic information about DUI pleas and trials.

DUI Plea Bargains

Most DUI and other criminal cases are resolved through plea bargaining. It’s usually the quickest and easiest way to handle a case. But making a decent plea deal can also be the most beneficial option for the defendant in many cases.

In lots of DUI cases, the evidence against the defendant is strong and there aren’t any good defenses available. Under these circumstances, attempting to minimize the possible penalties through plea bargaining makes sense. (In some states, it’s even possible to plea bargain for a lesser charge like reckless driving—sometimes called a “wet reckless” in the context of a DUI case.)

Many states also have special programs (like first-offender programs and DUI court) for eligible offenders. Generally, these programs allow participants to avoid some of the more harsh penalties (like jail time and license suspension) in exchange for participation in substance abuse treatment or other programs aimed at preventing future DUI violations. For certain people, these programs offer a good alternative for resolving a DUI charge.

Taking a DUI Charge to Trial

Going to trial on a DUI charge is a more involved process than plea bargaining. But it cases where there are good defenses available, it might be worth the extra effort (and money, assuming you hire a private DUI attorney). The risk of going to trial is that, if convicted, you could end up facing penalties that are more severe than those you would have gotten through plea bargaining.

Pleading to a DUI Charge in Court

The process for pleading guilty or no contest to a DUI charge is fairly simple. You’ll appear in court with your attorney and tell the court your plea. Normally, you’ll need to initial and sign a few forms acknowledging that you understand the rights you’re giving up (such as the right to a jury trial) by pleading to the charge. In some courts, the judge goes over the forms with you in detail to ensure you understand the consequences of your plea.

Guilty and No Contest Pleas Lead to Criminal Convictions

Once you plead guilty or no contest, the judge will find you guilty of the charge. The judge finding you guilty means you’ll have a criminal conviction on your record.

However, participation in certain programs previously discussed (like first-offender programs) will sometimes allow successful participants to avoid a criminal conviction.

Likely Consequences of a DUI Conviction

Most DUI convictions are misdemeanors and carry no more than a year in jail. The fines for a DUI normally ranger from several hundred to several thousand dollars. Convicted drivers also typically face license-related consequences such as suspension and having to use an ignition interlock device (IID) for a period of time.

However, if a DUI offense involves certain aggravating factors (like injuries or deaths) or the offender has prior DUI convictions, the current offense might be a felony and the consequences of a conviction can be much more severe.

Source

https://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter8-7.html

Speak With One Of Our DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

When Do You Need a Lawyer for a DUI/DWI Charge?

What Can a DUI Lawyer Do For You

What can a DUI attorney do to help you fight your charge? With your future freedom in jeopardy it is a very important question because with a seasoned DUI attorney on your side, you will not have to struggle with complex legal aspects of your case and complicated court proceedings. Read on to learn more about how a DUI lawyer can best represent you.

Advise You to Keep Quiet When It Counts

Sometimes what you do not say means more than what you say. A competent DUI attorney will tell you when you should speak and when you should not. They may also suggest you do not take the stand to avoid interrogation by the prosecution.

Know the Local Courts Inside And Out

Inevitably, your DUI attorney will be far more knowledgeable regarding legal and courtroom procedures. You can also decide to use the services of an attorney with an ample background of dealing with juries, local judges and the local court rules in the area you live.

Keep Track Of Legal Deadlines, Filings

There are multiple steps in DUI proceedings that may be easily overlooked. For example, there may be a time limitation on when you can request footage from a police car dashcam that may be crucial to your case. There are also many motions that must be filed in a certain order and in a timely manner and your lawyer is the one person who is best suited and experienced enough to make sure these filings are submitted prior to the deadlines from the court.

Negotiate With Tough Prosecutors

Local prosecutors will speak and work with your DUI attorney to discuss possibilities of plea bargains or alternatives to spending time in jail. The credibility of DUI attorneys are trusted by those in the court system. Indeed, many prosecutors will not even attempt any form of negotiation with a person who has decided to defend themselves.

Help to Expunge Your Conviction

Local prosecutors also often work with DUI attorneys with the potential of getting your conviction expunged so it does not impact your future employment prospects or your credit score. These procedures are very laborious and very individual to local and state court and they must be followed exactly.

Source: Snider, Brett. “5 Things a DUI Lawyer Can Do (That You Probably Can’t).” Findlaw, 21 Mar. 2019, https://blogs.findlaw.com/blotter/2014/04/5-things-a-dui-lawyer-can-do-that-you-probably-cant.html.

Speak With One Of Our DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

First Offense DUI In Arizona & Fighting A Charge

First DUI Offense In Arizona

Arizona law says it is an illegal act for a person to be in actual physical control or to drive a motorized vehicle when they are under the influence of a vapor releaser containing a substance that is toxic, a drug, or an intoxicating liquor, or indeed, a combination of the above.

A.R.S. §28-1381 defines drunk driving laws in the state of Arizona and they forbid driving when you are under the influence of an intoxicant or when the vehicle operator is even slightly impaired. Arizona has a reputation for being one of the toughest DUI law states. Read on to learn what you can expect the penalties to include when a driver faces an initial DUI offense.

Penalties for A First DUI In Arizona

A person may be found guilty of DUI in Arizona when they have a Blood Alcohol Content in excess of 0.08% and are driving or are in control of a motor vehicle. They may can be charged with a DUI in circumstances where they are impaired by any number of drugs or alcohol. These include OTC medications as well as legal medications issued by prescription. These are a Class 1 misdemeanor and are subject to these penalties:

  • A jail sentence of a minimum of twenty-four hours and a maximum up to and including six months. Technically, the minimum is ten days jail time but there is an option of having nine of those days suspended.
  • A maximum of $2,500 in total fees and fines with a minimum of $250.
  • From 90 up to 360 days of driver’s license suspension.
  • An Ignition Interlock Device being installed
  • Three years’ probation is a possibility.
  • Community service hours is a possibility.
  • Complete drug/alcohol assessment and perhaps adult education class attendance.

Criminal and Administrative Penalties for DUI

Arizona has what is known as Criminal Penalties as well as Administrative Penalties. Here is a breakdown of them:

  • Administrative license suspension is applicable for 90 days for drivers arrested for a first offense. This must be dealt with as a part of your DUI defense.
  • The driver may install an ignition interlock device it if an agreement can be met so their driver’s license can be retained.
  • In Arizona, drivers following a DUI arrest are required to take part in substance and alcohol abuse screening processes.
  • There is a seven-year lookback period for previous DUI convictions. This means a conviction will be on the record for seven years and will be considered if there are further DUI charges.
  • Although there are likely to be additional costs for sentence completion, the surcharges, fees and fines amount to about $1,600.

Source: Brian Sloan. “Arizona DUI First Offense Consequences: Law Offices Brian Douglas Sloan.” Brian Sloanhttps://www.arizdui.com/arizona-dui-defense/consequences-of-a-first-offense-dui-in-arizona/.

What Does the Prosecution Need to Prove for a DUI Conviction?

In a DUI case, the prosecution must prove the person being charged (the “defendant”):

  • drove a vehicle, and
  • was “under the influence”—meaning the person was either impaired or had a prohibited amount of drugs or alcohol in his or her body.

Many DUI defenses target one of these two components (also called “elements”) because the prosecution must prove both to get a conviction. The defenses available to a DUI defendant depend, to some extent, on state DUI laws. But this article gives an overview of some DUI defenses that are available in most states.

DUI Defenses related to the “Driving” Element

In some states, you can’t be convicted of a DUI unless you were actually driving a vehicle. So, if you were asleep in a parked vehicle in one of these states when police arrived, you probably have a good defense.

But most states don’t require proof of actual driving for a DUI conviction. All the prosecution needs to prove is that you were in “actual physical control” of a vehicle while intoxicated. In other words, you can be found guilty even if you weren’t caught behind the wheel with the car in motion.

However, whether a driver was in “actual physical control” of a vehicle is a fact-specific question. If the facts show the arrested person was unlikely to actually put the vehicle in motion, there’s a good chance the DUI charge won’t stick.

For example, if a drunk person was asleep inside a vehicle but didn’t have the keys, it might be hard for the prosecution to convince a jury that the person was in actual physical control of the vehicle.

DUI Defenses Related to Driver Intoxication or Impairment

Evidence of driver intoxication comes in various forms. However, in many cases, there are chemical test results showing how much alcohol and drugs the driver had in his or her system. It’s also common for the police officer who made the arrest to testify at trial regarding observation of the driver’s impairment.

Challenging the Accuracy of Alcohol and Drug Test Results

Because it’s illegal to drive with a blood alcohol concentration (BAC) of .08% or more (.05% or more in Utah)—called a “per se DUI”—chemical test results alone can prove the intoxication component a DUI charge.

When challenging alcohol- or drug-test results, you’re typically either saying the results are unreliable because of some flaw in the testing procedure or represent an inaccurate measurement of the amount of drugs or alcohol at the actual time of driving.

Experienced DUI attorneys know exactly what to look for when assessing a case for these types of defenses. Defenses related to chemical test results might also require the testimony of an expert witness who can explain why the results of the state’s tests are unreliable.

Challenging the Officer’s Testimony About Signs of Intoxication

For proving a DUI based on actual impairment (as opposed to the amount of drugs or alcohol in the driver’s system), the officer’s observations can be an important part of the prosecution’s case. An officer’s observations of impairment might include:

  • poor (field sobriety test) FST performance
  • the odor of alcohol
  • bad driving
  • bizarre behavior
  • slurred speech, and
  • bloodshot eyes.

To beat a DUI charge, the defense might need to challenge the significance of an officer’s observations. It just depends on the circumstances, but it can be difficult to convince jurors that the officer’s conclusions about the driver’s intoxication were wrong.

Introduce Witnesses Who Saw Things Differently

One way to challenge an officer’s observations is to bring in witnesses who were present when you were arrested and saw things differently than the officer. Unfortunately, in many cases, there aren’t any witnesses. Or, if your witness was a passenger in your car, the prosecution might argue that your witness is biased.

Offer Valid Explanations for Your Appearance and Behavior

For some officer observations, you might be able to provide an explanation—other than intoxication—for what happened. For example, fatigue and physical disabilities can lead to poor FST performance. And bloodshot eyes can be caused by allergies and other irritants.

When Field Sobriety Tests are Unreliable

In challenging the accuracy of FST results, attorney look for ways in which the officer might have failed to follow protocol in administering the tests. For example, some of the tests must be performed on a flat surface. So, if the driver was made to perform FST on a sloped road shoulder, the defense can use this fact to cast doubt on the officer’s ultimate conclusions.

DUI Defenses Related to Illegal Traffic Stops and Unlawful Arrests

When police don’t use proper arrest procedures, it can sometimes provide you with a good defense to a DUI charge. Defenses related to arrest procedures typically involve arguing that—because police didn’t follow the law when stopping or arresting you—the judge should throw certain evidence out.

Generally, police need probable cause to stop your vehicle, and if they’re going to arrest you for a DUI, they need probable cause for that too.

Illegal Traffic Stops in DUI Cases

For the traffic stop, police have probable cause if there’s reason to believe the driver or someone else in the vehicle has broken the law. (DUI checkpoints and roadblocks are, however, an exception to the probable cause rule.) Basically, any traffic violation will suffice. But if the police pull you over without a legitimate reason, a judge is likely to say all the evidence subsequently obtained is inadmissible in court.

No Probable Cause for DUI Arrest

A valid traffic stop doesn’t necessarily make a DUI arrest proper—the officer must also have reason to believe the motorist was in violation of the state’s DUI laws. Probable cause for a DUI arrest usually comes from the officer’s observations and sometimes breath-test results.

Both forms of evidence can be tricky to challenge. An officer might say you performed poorly on FSTs, smelled of alcohol, and had slurred speech. For most judges, that would be enough evidence for probable cause. And in most situations, breathalyzer results showing your BAC was over the limit are going to make challenging probable cause an uphill battle.

Failure to Give Miranda Warnings in DUI Cases

Occasionally, Miranda warnings come into play in DUI cases. Police are generally required to give Miranda warnings prior to questioning a suspect who’s in police custody. So, if a DUI suspect who’s in police custody and hasn’t been given Miranda warnings makes an incriminating statement in response to police questioning, the statement probably can’t be used in court against the suspect.

Talking to a DUI Attorney

This article goes over some basic information about DUI defenses, but there’s no substitute for the help of a knowledgeable attorney. If you’ve been arrested for driving under the influence, you should get in touch with a qualified attorney as soon as possible.

 

Source

https://www.nolo.com/legal-encyclopedia/dui-dwi-defenses-32254.html

Speak With One Of Our DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

DUI Implied Consent Laws, Chemical Testing Alcohol Blow Test

DUI Implied Consent Laws and Chemical Testing

How breathalyzers are used by law enforcement to detect and prosecute DUI/DWI offenders.

The first DUI laws prohibited driving while “under the influence” or “intoxicated” (DWI) by alcohol. So, convictions were based on the driver’s actual level of impairment. In other words, prosecutors were required in all cases to prove the driver was actually affected by the alcohol consumed. It’s still against the law to drive while impaired by alcohol. But now “per se” DUI laws also make it illegal to drive with a blood alcohol concentration (BAC) .08% or more.

Breath-test devices (also called “breathalyzers”) give police a quick and easy way to determine how much a driver has had to drink, and breath-test results are often used in court to prove a DUI charge.

This article discusses the differences between two types of breathalyzers: PAS (“preliminary alcohol screening”) and EBT (“evidential breath test”) devices.

PAS Tests

PAS devices are breathalyzers that police use in the field. (In some states, PAS devices are called “PBTs,” for “portable breath test.”) Generally, PAS devices are used by police to determine whether the driver has had too much to drink—not necessarily the precise amount of alcohol in the driver’s system. In other words, police typically use PAS tests to assess whether there’s probable cause for an arrest rather than to gather evidence for trial.

The small size of PAS devices makes them convenient for roadside use. But PAS machines aren’t always all that accurate. Accuracy does, however, depend on the specifications of the particular device. Some handheld breathalyzers—especially some of the more expensive models—are fairly precise.

Implied consent laws generally require all drivers lawfully arrested for a DUI to submit to chemical testing (normally, a breath or blood test). However, many states make prearrest PAS tests optional—meaning, there’s no legal consequence for a driver who refuses a PAS test.

In some states, PAS results can’t be used in court—are “inadmissible,” in other words—to prove a DUI charge.

Field Sobriety Tests

With FSTs, the officer tests the driver’s balance, coordination, and cognitive abilities. FSTs typically involve tasks like balancing on one leg, walking a straight line, or following a pen or other object with your eyes.

FSTs are optional—meaning, there aren’t any legal consequences for refusing to participate.

Implied Consent Laws and DUI Chemical Tests

If the police officer continues to suspect the person is under the influence, he or she might arrest the person and move on to more scientific tests. Every state has “implied consent” laws, which say that anyone lawfully arrested for driving under the influence must agree to take a chemical test to determine the amount of alcohol and drugs in his or her system. In most cases, the test will be of the driver’s blood or breath. However, occasionally, the officer will ask the driver to give a urine sample.

The results of these tests can be vitally important in determining whether a driver is charged or convicted of DUI. (A “per se” DUI charge is based on the concentration of drugs or alcohol the driver has in his or her system.) Prosecutors often rely heavily on chemical test results in proving a DUI charge at trial.

EBT Devices

Once a DUI arrest is made, officers typically want to take an accurate measurement of the driver’s BAC. The end-goal of a DUI arrest is to get a conviction in court. BAC is crucial for proving a DUI per se charge and can also be helpful in proving an impairment charge.

EBT devices provide police with the easiest way to get a precise BAC measurement. Though blood tests may be slightly more accurate, they require the assistance of medical personnel and are more invasive than breath tests.

EBT machines are typically more accurate but larger than PAS devices. Whereas a PAS device would fit in the palm of your hand, EBT devices are normally big, stationary machines that are kept at the jail or police station.

A driver generally does not have a right to refuse an EBT. (Though some states let drivers choose between blood, breath, or urine testing.) Refusal typical leads to a longer license suspension than would otherwise be the case. And, in most states, prosecutors are allowed to tell the jury at trial that the driver refused DUI testing.

Source

https://www.nolo.com/legal-encyclopedia/dui-breath-alcohol-tests.html

Speak With One Of Our DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

DUI Implied Consent Laws, Chemical Testing Alcohol Blow Test

DUI Implied Consent Laws and Chemical Testing

How breathalyzers are used by law enforcement to detect and prosecute DUI/DWI offenders.

The first DUI laws prohibited driving while “under the influence” or “intoxicated” (DWI) by alcohol. So, convictions were based on the driver’s actual level of impairment. In other words, prosecutors were required in all cases to prove the driver was actually affected by the alcohol consumed. It’s still against the law to drive while impaired by alcohol. But now “per se” DUI laws also make it illegal to drive with a blood alcohol concentration (BAC) .08% or more.

Breath-test devices (also called “breathalyzers”) give police a quick and easy way to determine how much a driver has had to drink, and breath-test results are often used in court to prove a DUI charge.

This article discusses the differences between two types of breathalyzers: PAS (“preliminary alcohol screening”) and EBT (“evidential breath test”) devices.

PAS Tests

PAS devices are breathalyzers that police use in the field. (In some states, PAS devices are called “PBTs,” for “portable breath test.”) Generally, PAS devices are used by police to determine whether the driver has had too much to drink—not necessarily the precise amount of alcohol in the driver’s system. In other words, police typically use PAS tests to assess whether there’s probable cause for an arrest rather than to gather evidence for trial.

The small size of PAS devices makes them convenient for roadside use. But PAS machines aren’t always all that accurate. Accuracy does, however, depend on the specifications of the particular device. Some handheld breathalyzers—especially some of the more expensive models—are fairly precise.

Implied consent laws generally require all drivers lawfully arrested for a DUI to submit to chemical testing (normally, a breath or blood test). However, many states make prearrest PAS tests optional—meaning, there’s no legal consequence for a driver who refuses a PAS test.

In some states, PAS results can’t be used in court—are “inadmissible,” in other words—to prove a DUI charge.

EBT Devices

Once a DUI arrest is made, officers typically want to take an accurate measurement of the driver’s BAC. The end-goal of a DUI arrest is to get a conviction in court. BAC is crucial for proving a DUI per se charge and can also be helpful in proving an impairment charge.

EBT devices provide police with the easiest way to get a precise BAC measurement. Though blood tests may be slightly more accurate, they require the assistance of medical personnel and are more invasive than breath tests.

EBT machines are typically more accurate but larger than PAS devices. Whereas a PAS device would fit in the palm of your hand, EBT devices are normally big, stationary machines that are kept at the jail or police station.

A driver generally does not have a right to refuse an EBT. (Though some states let drivers choose between blood, breath, or urine testing.) Refusal typical leads to a longer license suspension than would otherwise be the case. And, in most states, prosecutors are allowed to tell the jury at trial that the driver refused DUI testing.

Source

https://www.nolo.com/legal-encyclopedia/dui-breath-alcohol-tests.html

Speak With One Of Our DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Written by Canterbury Law Group

Arizona DUI Laws 2023

Arizona DUI Laws

“Driving Under the Influence” (DUI) is the official term used in Arizona while some other states use the term “Driving While Intoxicated” (DWI.) The two terms have become synonyms for each other and refer to drugged or drunk driving.

The DUI laws of Arizona explicitly forbid the operation of any form of motor transport in these circumstances:

  • When the operator of the vehicle has a blood alcohol content (BAC) of 0.8 or more
  • When they are under the influence of alcohol or drugs if the driver is to the slightest degree impaired

There is what is known as a “Not a drop” law in the state of Arizona. It states drivers under the of twenty-one years cannot drive with any amount of detectable alcohol in their body. Colloquially this is known as a “baby DUI.”

Incidentally the law includes what is defined as being in control of a motorized or electric vehicle as well as operating or driving a vehicle. The purpose is to prevent drunk driving prior to it commencing.

Arizona DUI Penalties

In Arizona, the circumstances of each case will determine the penalties for a DUI including the amount of previous convictions the individual may have as well as the blood alcohol content of the driver.

Impaired DUI (Blood Alcohol Content ranging from .08 to .149%)

  • Jail: The minimum term is 10 days but is subject to all but 1 day or twenty-four hours may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $1,480
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: 1-year mandatory (with a possible 6-month reduction)

Extreme DUI (Blood Alcohol Content ranging from .15 to .199%)

  • Jail: The minimum term is 10 days but is subject to all, but 9 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,000
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: 1-year mandatory

Super Extreme DUI (BAC of at least .20%)

  • Jail: The minimum term is 45 days but is subject to all, but 14 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,250
  • Suspended License: Minimum for 90 days
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Further DUIs

Unquestionably Arizona has very harsh penalties for repeat offenders:

Impaired DUI

  • Jail: The minimum term is 90 days and 30 of those must be served on consecutive terms but is subject to all, but 30 days may be suspended on the completion of screening for alcohol
  • Fines: Minimum of $3,000
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Extreme DUI

  • Jail: Minimum of 120 days (60 served consecutively)
  • Fines: Minimum of $3,250
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

Super Extreme DUI

  • Jail: Minimum of 180 days (90 served consecutively)
  • Fines: Minimum of $4,250
  • Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
  • Ignition Interlock Device: A mandatory 1-year term as a minimum

You should also know a third DUI represents a felony offense and carries a mandatory and minimum prison sentence of four months as license revocation for a minimum of one year, an IID requirement for a minimum of two years and in excess of $4,000 in assessments and fines.

Refusing a Breath Or Blood Test in Arizona And Implied Consent

The “implied consent” law on the books in Arizona states following a DUI arrest all drivers must, without exception, provide a breath or blood test. To refuse to do so will be penalized thus:

  • Suspended License 1st offense: 1 year
  • Suspended License 2nd offense: 2 year

While DUI laws tend to be similar across the United States, drivers should be aware of important legal distinctions from state to state. Arizona DUI laws are no exception. As a driver, you should already understand that operating a vehicle while impaired by drugs or alcohol could lead to serious legal ramifications.

This article explains Arizona DUI laws and what you should expect if charged there.

Arizona DUI Laws

According to Arizona’s DUI laws, it is illegal to drive or be in physical control of a vehicle while under the influence of drugs or alcohol. In addition, police officers can charge you with a DUI for a blood-alcohol content level (BAC) of 0.08% or greater. In some circumstances, such as driving a commercial vehicle, your BAC can be much lower and qualify as a DUI.

Overall, Arizona has a very strict approach to DUIs, referring to the act as the equivalent of a “violent crime.” As such, the state’s penalties even for a first-time offense could be seen as especially harsh compared to a state like California, where you could be a third-time DUI offender and not necessarily serve mandatory jail time.

These distinctions are broken down further in the following sections.

Arizona’s DUI Definition

First, there is a special emphasis in Arizona, as dictated by ARS § 28-1381, on the physical act of operating a vehicle while under the influence of alcohol or drugs. In Arizona, “under the influence,” should be understood as clearly impaired by a substance, legal or otherwise, to the point where you are not capable of safely operating any vehicle.

So if you are not capable of safely controlling your car or truck, but make any identifiable attempt to do so, you are guilty of a DUI according to Arizona law. Understanding this emphasis is important because you need not be driving to get charged with a DUI.

You Can Get an Arizona DUI Without Actually Driving

Even if you are not driving, any action that could be construed as “actual physical control” of your vehicle still violates Arizona’s DUI laws. Actual physical control goes into effect when you are deemed to be the primary party in control of your vehicle. Even if you aren’t on the road, actions like turning the headlights on, rolling the windows up or down or putting keys in the ignition or actions that dictate you are in actual physical control.

Please also note that you can still get charged with a DUI within two hours of operating a vehicle if your BAC is still above the legal limit during that time. That means even if you are at home, having driven an hour ago, you may still face charges for having too recently driven your car with a BAC above the legal limit.

How Arizona Law Defines “Under the Influence”

In Arizona, you are under the influence if you are impaired by a substance to the point it interferes with your ability to drive or operate a vehicle safely. This is typically defined according to reaching and exceeding a certain BAC limit. The standard is 0.08%, however it drops to 0.04% for commercial driving.

Arizona’s “Not A Drop” Law

The “not a drop” law, sometimes referred to as a baby DUI, concerns Arizona’s zero tolerance for underage driving and driving. If you are under 21 and drive with a BAC greater than 0.00%, you are guilty of a DUI.

A driver can have a detectable amount of alcohol in your system even after a few sips of beer or wine, making it very easy for underage drivers to violate this law and get into trouble.

Arizona “Shelter Rule” Defense

As stringent as Arizona’s laws can be about what falls under the definition of a DUI offense, the state also worried that some drivers, fearful of getting caught, would risk driving while intoxicated in the hopes of reaching home, a friend’s house, or hotel. And as parking isn’t necessarily an immediate defense against a DUI, some may have felt even more inclined to risk their safety and others by driving.

With this concern in mind, Arizona passed the “Shelter Rule” law, a temporary shelter defense against a DUI charge. Under this law, the act of pulling onto the side of the road or into a parking lot could be argued as relinquishing physical control, as you are avoiding the act of drunk driving.

There are a couple of factors that a judge or jury would need to take into consideration when deciding if a driver is in actual physical control:

  • Are they behind the wheel? A person asleep in the back seat does not have the level of control over their vehicle that someone passed out behind the wheel might.
  • Do they have keys in the ignition? While a lack of keys might help determine physical control in certain cases, many new vehicles do not use keys to start the ignition.
  • What is the time of day? It makes the most sense to pull over and “sleep it off” if the driver does so in the middle of the night.

The more favorable these mitigating factors in demonstrating the relinquishment of actual physical control, the less likely you are to be convicted of a DUI.

Arizona DUI Penalties

Although the Arizona DUI laws label most offenses as misdemeanors, the consequences are still serious, even for the very first time. The severity of penalties also increase when drivers move from a simple DUI to an extreme or aggravated DUI.

Arizona’s Aggravated DUI Penalties

In Arizona, you have committed an aggravated DUI if you:

  • Are arrested of a DUI with a suspended, revoked or canceled license.
  • Commits a third DUI offense within 84 months of a previous conviction.
  • Commit a DUI offense while a person under 15 is in the car.
  • Has an ignition interlock device (IID) in place, but refuses to submit to a BAC test.

While most DUIs can be charged as a misdemeanor, an aggravated DUI is a felony that carries stiff punishment if convicted. Penalties include up to two years in prison, loss of your driver’s license for a year, mandatory entrance into an alcohol education, treatment and screening program, addition of a certified IID in your vehicle, and mandatory community service.

Arizona’s Extreme DUI Penalties

An extreme DUI refers to drivers with a BAC level exceeding 0.15%. The first time this happens, drivers serve a mandatory jail sentence of at least 30 days without the eligibility of probation or a suspended sentence. Additionally, they must pay a minimum fine of $2,500. Any vehicle you drive must get an IID installed, and you are required to enroll in an alcohol screening, education and treatment program.

While the extreme DUI has harsher punishments than a standard DUI charge, it still gets classified as a misdemeanor.

For the second offense and beyond, the punishments become even more severe. Your license gets automatically revoked for a year, and you face a minimum jail sentence of 120 days. In addition to the mandatory IID and alcohol screening, education, and treatment program, you must also perform community service.

It’s important to remember that the severity of subsequent DUI charges increases the closer they occur together; typically, the escalation in severity refers to multiple convictions happening within a seven-year period.

Implied Consent and Refusing a Blood or Breath Test in Arizona

According to ARS § 28-1321, the “implied consent affidavit,” is served to any driver suspected of a DUI offense where they refuse to or are for whatever reason cannot submit to testing that determines their blood alcohol concentration or drug content. This affidavit is the equivalent of a DUI citation.

For this reason, all drivers are required to submit to testing. The first time a driver refuses, their driving privileges get suspended for a year; a second refusal within 84 months of the first will cause a two-year suspension.

Speak With One Of Our DUI Attorneys In Scottsdale

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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