Arizona DUI Attorney in Arizona
Drunk Driving Arrest, DUI & DWI, Interlock Device
DUI (Driving Under the Influence) in Arizona can be prosecuted in one of two ways.
One - The driver's ability was being impaired to the slightest degree as the result of consuming alcohol (or other drugs).
Two - By violating the "per se" law, and having a blood alcohol level in excess of .08% or greater within two hours of driving.
SEE DUI PENALITIES IN ARIZONA FOR DUI ARREST
DUI Information
Misdemeanor Offenses
DUI A.R.S. Section 28-1381(A1)
DUI or "Driving Under the Influence" of intoxicating liquor or drugs entails driving with only slight impairment. A DUI arrest includes the officer's suspicion that the suspect's ability to drive is impaired. This can be based exclusively upon the suspect's driving behavior, physical appearance, verbal statements, and performance on the field sobriety tests. The DUI charge does not require proof of a chemical test or information regarding the suspect's blood alcohol content.
DWI A.R.S. Section 28-1381(A2)
In Arizona DUI law, DWI or "Driving While Intoxicated," requires that the suspect has a BAC of .08 or greater within two hours of driving a motor vehicle. Unlike the DUI charge, a DWI arrest requires the suspect take a blood, breath or urine test to determine the BAC.
Extreme DWI A.R.S. Section 28-1382
Extreme DWI requires that the suspects BAC is .15 or greater within two hours of driving a motor vehicle. This charge also calls for the driver to take a blood, breath or urine test to determine the BAC and an extreme DWI conviction carries a much larger penalty than the DUI or DWI charge.
Felony Offenses
Aggravated DUI A.R.S. Section 28-1383
Aggravated or Felony DUI is a DUI, DWI or Extreme DWI with any of the following circumstances:
- The accused driver's license is suspended, restricted, revoked, canceled, etc.
- The accused commits a third or subsequent DUI, DWI, or Extreme DWI within a period of 72 months (7 years)
- The accused driver has a passenger less than 15 years of age in the vehicle.
Under 21 Arizona DUI Law
Underage Driving Under the Influence A.R.S. Section 4-244
In Arizona DUI law it is illegal for a person under the age of 21 to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person's body. If the person is under the age of 21, he or she will be punished simply for having alcohol in their system regardless of whether the person's ability to drive was impaired even to the slightest degree. If convicted, the driver faces a two year license suspension through the motor vehicle department. The under 21 driver often receives the charges of A.R.S. Section 28-1381(A1) and (A2) - DUI and DWI- in addition to the underage DUI charge.
IF STOPPED FOR DUI KNOW YOUR RIGHTS!
You have the right to remain silent!
You have the right to an attorney
Refuse to take any Eye or Physical Tests
FOLLOW THESE STEPS
- Invoke your 5th amendment right to remain silent and refuse to answer any questions.
- Provide a copy of your license, registration and insurance information.
- Refuse to do any eye or physical tests.
- Immediately demand a confidential phone call with your attorney.
- Submit to a blood/breath test after a confidential phone call with your attorney.
- Request that the police preserve a second blood/breath test for independent testing.
- Demand to be immediately released for an independent test.