April 22, 2010

Arizona DUI Law

Arizona has developed substantial laws for Driving Under the Influence of Alcohol (DUI). Below is a compendium of Arizona DUI law, including a section on driver’s license issues. Click on the links below to find out more on a particular topic.


Driver’s License Issues

Implied Consent — Under the law, any person who operates a vehicle in the State gives consent to the State to test the driver’s blood, breath or urine to determine BAC if a law enforcement officer has “reasonable grounds” to suspect DUI or that a person under age 21 has any amount of alcohol in his or her body. This… keep reading »

Penalities

The crime of DUI carries many different penalties, depending on the circumstance. The possible penalties for a DUI are listed below: First-time DUI with a BAC of at least 0.08, but less than 0.150 CLASS OF CRIME Class 1 Misdemeanor MAXIMUM JAIL Six (6) months MINIMUM JAIL One (1) day [10 days, 9 suspended] COUNSELING A drug/alcohol screening will be… keep reading »

Investigation

Most people suspected of DUI are given Field Sobriety Tests (FSTs) pursuant to the authority given police in A.R.S. 28-1321 and 28-1322(B).  These include roadside breath analysis, horizontal gaze nystagmus (HGN), and motor skills tests.  If the officer then has probable cause to suspect DUI, the officer will demand the driver submit to a breath or alcohol test to determine… keep reading »

DUI Fundamentals

To convict a person of DUI, the State must prove a number of elements, which are addressed below. Driving or Actual Physical Control The first element of a DUI charge is that a person was driving or in actual physical control of a vehicle. A defendant need not actually be “driving” a vehicle. Impairment The next element the State must… keep reading »

DUI Categories


There are several DUI crimes in Arizona. Defendants are usually charged with at least two DUI crimes. The most common Arizona DUI crimes are as follows: Driving while impaired to the slightest degree Driving with BAC (blood-alcohol concentration) above a 0.08 percent Extreme DUI – Driving with BAC above 0.15 percent Aggravated DUI / Felony DUI Drug DUI Commercial Driver… keep reading »

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