DUI Offenses

In Arizona, there are five (5) major classifications of DUI offenses:

1. It is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof.

2. It is unlawful to drive or be in control of a motor vehicle with a blood alcohol concentration (BAC) of .08 or more within two (2) hours of driving.

   These are separate charges, and a driver can either be charged with one or both. If a driver’s chemical test results in a BAC of .08 or more he/she will probably be charged with both offenses. If a driver refuses to submit to a chemical test, and no test is performed non-consensually, he/she will only be charged with driving under the influence (assuming that the officer has enough evidence to make the arrest). However, if a driver does refuse to submit to a chemical test, an officer is authorized to obtain a search warrant and physically take a driver’s bodily fluid (usually blood).

3. It is unlawful to drive with certain drugs or their metabolites in the body (for example, marijuana, cocaine, speed, etc.)

4. It is unlawful to drive with a BAC of .15 or more within two (2) hours of driving. This is an "EXTREME DUI" and can carry additional penalties.

5. It is unlawful to drive with a BAC of .04 or more if you have a commercial driver’s license (CDL).

All of these offenses can be charged as felonies (with mandatory prison time) if you have prior DUI’s, your driver’s license was suspended at the time of the offense, or you have a person under the age of fifteen (15) in your vehicle at the time of the offense.
 

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Law Office of Alfred McDonald, P.C.
124 W. Cushing Street, Tucson, Arizona 85701
Phone: 520.884.5201  /  Fax: 520.884.5079
e-mail: notguilty@arizonadefender.com

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