Arizona DUI Information

Recent AZ DUI News

Client originally charged with Extreme Driving Under the Influence with BAC Above .150, Driving Under the Influence with BAC Greater than .08, Driving Under the Influence to the Slightest and Leaving the Scene of an Accident. Jury Trial held with a Directed Verdict. (NOT GUILTY on ALL DUI Counts).
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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!

If you are being investigated or have been stopped by the police you have the right to remain silent. Arizona DUI law does not require you to answer any questions. If stopped, present the police officer with your driver's license, proof of insurance and registration. Do not answer any other questions and do not admit to anything. You may be pressured into speaking; however, you should resist answering questions that may be used against you later in court. This is an important first step in your DUI defense. Remaining silent is your constitutional right and was established to protect you from being forced to testify against yourself.

You have the right to an attorney

If you are stopped by police, immediately request a confidential call with an attorney. Arizona DUI law gives you the right to consult with an attorney before you choose to submit to any chemical test (breath or blood) as long as it does not delay the investigation. Attorneys at the Maasen Law Firm are available 24 hours for emergency consultations.

Refuse to take any Eye or Physical Tests

You may be asked to submit to a variety of field sobriety tests or an HGN eye test. These tests are not required by Arizona DUI law and are not always accurate, which is why we suggest you decline. The results of the test are left to the discretion of the police officer who is administering the test unlike a blood or breath test which is determined by objective analysis.

FOLLOW THESE STEPS

1. Invoke your 5th amendment right to remain silent and refuse to answer any questions.
2. Provide a copy of your license, registration and insurance information.
3. Refuse to do any eye or physical tests.
4. Immediately demand a confidential phone call with an attorney.
5. Submit to a blood/breath test after a confidential phone call with an attorney.
6. Request that the police preserve a blood/breath test for independent testing.
7. Demand to be immediately released for an independent test.

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