Driving Under the Influence (DUI) is one of the most common crimes we see in our firm. Arizona has the most severe consequences for DUI of any state in the county. When you are charged with a DUI, you should consult with an attorney to know your rights.
The best way to avoid a DUI is not to drink and drive. However, if you are stopped for a DUI – know your rights. You do not have to consent to the Field Sobriety Tests (FSTs). You do not need to tell the officer how much you have been drinking. You do not need to let the officer perform the visual test (horizontal gaze nystagmus – HGN). However, you should consent to the breathalyzer or blood test. If you fail to consent to the test, your driver’s license will be suspended for one year and the officer will simply get a warrant to take a sample of your blood anyway.
There are several DUI statutes. The first is A.R.S. 28-1381, which mandates a minimum of one day in jail for first time offenders and people with a BAC under 0.08:
“A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
- While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
- If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
- While there is any drug defined in section 13-3401 or its metabolite in the person’s body.
- If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.”
If your BAC is over 0.15, but under 0.20, you will be prosecuted for an extreme DUI under A.R.S. 28-1382(A)(1). This comes with a 30 day jail sentence.
A BAC over 0.20 is a “super extreme ” DUI under A.R.S. 28-1382(A)(2) and carries a 45 day jail sentence.
Arizona has the harshest penalties in the country for DUI offenders. Do not try to go it alone when you are facing a DUI. The consequences for a conviction are serious. Consult with an attorney when you are charged with a DUI. Brian offers free consultation and affordable rates for DUI defense.