Posted on August 9, 2024 in DUI
In Arizona, the terms DWI and DUI are often incorrectly considered to be separate offenses due to different legal terminologies used in other states. However, Arizona law does not differentiate between DWI (driving while intoxicated) and DUI (driving under the influence).
The charge is actually called “driving or being in actual physical control of a vehicle while under the influence.” However, Arizona’s driving under the influence laws have important nuances.
In Arizona, you can face consequences for driving under the influence if you have any amount of drugs or alcohol in your system due to the state’s zero-tolerance policy. This means an officer has the discretion to issue a DUI citation even if your blood alcohol concentration (BAC) is below 0.08%, which is the level that typically denotes legal intoxication across most jurisdictions.
Essentially, Arizona law states that if you are impaired “to the slightest degree” by any drugs or alcohol while operating a vehicle, you could face a DUI charge regardless of your BAC.
You can also face legal penalties if your BAC is at or above 0.08%, even if you don’t seem impaired. This means that even if you can drive safely and aren’t showing signs of impairment, you can still be charged with a DWI if your BAC is over the legal limit.
If you’re convicted of DUI in Arizona, the penalties can be quite severe. For your first offense, expect at least 10 consecutive days in jail and a minimum fine of $1,250. Mandatory alcohol screening, education, or treatment programs are part of rehabilitation efforts set by the court on top of having to install an ignition interlock device (IID) on any vehicle you drive. An IID requires you to perform a breathalyzer test before your car will start.
If you’re facing a second or subsequent DUI charge, the consequences escalate significantly. You will spend at least 90 days behind bars and will be required to pay fines of not less than $3,000. Additionally, you will be subjected to a one-year revocation of your driver’s license. Alcohol screening, education, and treatment will also be required, as will an ignition interlock device.
Facing a DUI charge in Arizona is overwhelming, but with a solid defense strategy, there are ways to fight back against these charges. Some of the most common legal defenses include:
If evidence shows that your BAC was under 0.08%, it calls into question whether you were legally impaired at the time of arrest.
Despite registering alcohol in your system, you might argue that you were not “impaired to the slightest degree” and therefore contest any claims suggesting that your driving abilities were compromised.
In some cases, defendants can argue that they were not actually driving the vehicle at the time of the alleged offense. This defense is particularly viable if the individual was found in a stationary vehicle, such as sleeping in the car or pulled over, with no intent to operate it.
Another crucial defense in DUI cases is contesting the legality of the traffic stop. If it can be proven that the police officer had no cause to stop the vehicle, any evidence obtained during the stop may be suppressed. This means the results of BAC tests or observations of impairment could be deemed inadmissible, weakening the prosecution’s case.
A skilled attorney can help you navigate the aftermath of a DUI charge, including potential avenues for a dismissal. If you need help with a driving under the influence charge, contact Orent Law Offices today to schedule a free consultation with a DUI defense lawyer.
For more information, contact the DUI defense lawyer, Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
