Arizona's Misdemeanor DUI Offense
Having a night out at a club or enjoying some drinks after work may seem like harmless fun. However, if a person chooses to drive while impaired, this same enjoyable evening can quickly turn into a serious criminal offense. In fact, getting charged with a misdemeanor DUI in Arizona, which is classified as a Class 1 Misdemeanor according to the Arizona Revised Statutes, can have severe repercussions for an individual with an otherwise unblemished record.
Huss Law conducts a thorough examination of every DUI case, leaving no stone unturned. In particular, Mr. Huss conducts a detailed scrutiny of both the traffic stop and the roadside investigation. Additionally, he carefully reviews the collection of either breath or blood samples. The expertise of Huss Law is highly beneficial in the investigation of misdemeanor DUI cases.
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Different Categories of Misdemeanor DUI in Arizona
Huss Law provides legal representation for all types of misdemeanor DUI charges in the state of Arizona, such as:
According to A.R.S. § 28-1381(A)(1), driving under the influence (DUI) can be considered even if the impairment is minimal, as stated in the article "What is DUI-Impairment to the Slightest Degree" by Jeremy Huss.
Driving Under the Influence with a blood alcohol content higher than .08% but lower than .15% as stated in A.R.S. § 28-1381(A)(2).
According to Arizona law, an Extreme DUI refers to the situation where a person's blood alcohol content is more than .15% but less than .20%, as defined in A.R.S. § 28-1382(A)(1). More information on Extreme DUI in Arizona can be found at https://jeremyhuss.com/what-is-an-extreme-dui-in-arizona/.
According to A.R.S. § 28-1382(A)(2), a Super Extreme DUI in Arizona is characterized by a blood alcohol content that exceeds .20%. This is explained on
jeremyhuss.com.
A DUI charge for driving under the influence of drugs or their metabolites, according to Arizona Revised Statutes § 28-1381(A)(3), can be found on Jeremy Huss's website at https://jeremyhuss.com/what-is-a-dui-drugs-or-metabolite/.
Understanding the Various Types of DUI Misdemeanors in Arizona
Impairment from DUI to the Minimal Extent
According to A.R.S. 28-1381(A)(1), it is against the law for an individual to operate or have control of a motor vehicle while under the influence of alcohol or drugs, even if it is to the slightest degree. This violation necessitates proof of impairment, which sets it apart from other DUI theories. The other theories only require evidence of a specific blood alcohol concentration (BAC) such as .08% or higher, or the presence of drugs. In fact, Arizona legislation automatically presumes impairment if a driver's BAC is .08% or above. The state establishes impairment by examining the driver's behavior while driving, the observations of the officer, any symptoms displayed, and the ability to follow instructions.
Blood Alcohol Content Between .08% and .15%
According to A.R.S. 28-1381(A)(2), a DUI charge can be based on a specific number, which refers to Blood Alcohol Content (BAC) or Breath Alcohol Content in some cases. In order to secure a conviction under this section, it is not necessary for the State to prove impairment, but rather to prove that the BAC of the driver was .08% or higher. More specifically, the State must demonstrate that the person (1) was driving or in control of a motor vehicle, and (2) had a blood alcohol content of .08% or above (3) within 2 hours of driving or being in control.
Medications or Metabolic Byproducts
According to Arizona laws, driving under the influence of illegal or non-prescribed drugs is considered a Class 1 Misdemeanor. This charge is based on the presence of any drug or metabolite in the driver's system, as stated in A.R.S. §28-1381(A)(3). This law prohibits a person from operating a motor vehicle or being in physical control of it while any substance listed in A.R.S. §13-3401 or its byproduct is present in their body. The term "metabolite" refers to the remnants of the original drug once it has been processed by the body, and it is considered inactive.
Consequences of Driving Under the Influence of Alcohol, with a Blood Alcohol Level of .08% or Higher, and Driving Under the Influence of Drugs
INITIAL VIOLATION
A first-time conviction for DUI with a BAC of .08% or higher but less than .15%, or DUI involving drugs, will result in a mandatory one-day jail sentence, in addition to suspensions for alcohol counseling. The total cost of fines, fees, surcharges, and assessments will exceed $2000. The driver's license will also be suspended for 90 days. Installation of an ignition interlock device is mandatory for all DUI convictions, unless it is a DUI involving drugs or metabolites under A.R.S. 28-1381(A)(3). It should be noted that a "Drug" DUI does not require an ignition interlock device. This requirement typically lasts for 6 to 12 months.
REPEAT VIOLATION
If a person is found guilty of a second DUI with a BAC between .08% to .15% or under the influence of drugs, they will receive a mandatory jail sentence of 30 days. However, in Arizona, there is an option for home detention and a shorter jail term of only 6 days if the individual is eligible. The penalties for a second DUI, excluding extreme cases, can add up to more than $3000 in fines, fees, and surcharges, and may also require an ignition interlock device. Additionally, a driver's license suspension of 1 year is imposed for a second DUI offense in Arizona.
Driving Under the Influence (DUI) with a Blood Alcohol Concentration (BAC) between .15% and .20%
In Arizona, an Extreme DUI is considered a Class 1 Misdemeanor. In order to secure a conviction, the State must provide evidence that the individual was operating or had physical control of a motor vehicle, as stated in A.R.S. §28-1382(A)(1). Additionally, the person's blood alcohol content must be higher than .15%, but lower than .20% within a 2-hour time frame of operating or having physical control.
Initial Offense for Severe Driving Under the Influence
A person who commits a First Offense Extreme DUI will face compulsory imprisonment and monetary penalties. In particular, a sentence of 30 days in jail is mandatory. However, if the offender opts for home detention, the time in custody is reduced to only 2 days. Additionally, the total cost of fines, fees, surcharges, and assessments is around $3000. Along with this, a First Offense Extreme DUI also results in a 90-day suspension of driving privileges and a one-year requirement for an ignition interlock device.
DUI EXTREME OFFENSE FOR THE SECOND TIME
For a second violation, the individual must spend 120 days in jail, but can be placed under house arrest after completing 24 days. In addition, they will be required to pay fines, fees, and assessments totaling around $3500. Furthermore, a second offense of Extreme DUI will result in a one-year suspension of the driver's license and the installation of an ignition interlock device.
DUI with a BAC of .20% or Higher
According to the laws of Arizona, a DUI labeled as "Super Extreme" falls under the Class 1 Misdemeanor category as stated in A.R.S. §28-1382(A)(2). In order to prove someone guilty, the prosecution must demonstrate that their blood alcohol level was over .20% within two hours of driving or being in control of a motor vehicle. It is important to note that a conviction for a "Super Extreme" DUI can result in serious consequences, including potential jail time, even for a first-time offender.
"Extreme DUI as First Offense"
A first-time offense of "Super Extreme" DUI could result in a jail sentence of 45 days, but the individual may be eligible for home detention after completing 3 days of the sentence. Along with the imprisonment, the offender may face fines, fees, and assessments amounting to around $3500. Furthermore, a mandatory suspension of 90 days on the driver's license and the installation of an ignition interlock device are also required.
DUI CHARGES FOR SECOND OFFENSE OF SUPER EXTREME LEVEL
The penalties for a second offense misdemeanor can result in up to 180 days in jail for a Class 1 Misdemeanor. However, it is possible to qualify for home detention after spending 36 days in jail. The total cost of fines, fees, and assessments for a "Super Extreme" DUI is around $4500. Additionally, a person will have their driver's license revoked for 1 year and will be required to use an ignition interlock device.
Contact Huss Law for an Arizona Misdemeanor DUI Case
Getting a DUI can be a costly error, so it's crucial to have a skilled lawyer on your side. Huss Law is the leading defense firm for Misdemeanor DUI cases in Arizona, with Jeremy L. Huss having more than 20 years of experience handling such offenses. He has also spent 13 years as a felony prosecutor in Arizona, taking the lead in numerous DUI, Aggravated DUI, and other vehicular crime cases. During his time as a prosecutor, Mr. Huss trained police officers on DUI investigations and search and seizure procedures. He is well-versed in DUI investigations and the legalities surrounding blood and breath testing. With his extensive trial experience, Mr. Huss is an expert in DUI defenses, including those related to the driver's lack of actual physical control of the vehicle. If you are facing a Misdemeanor DUI charge in Arizona, do not hesitate to contact Huss Law for immediate assistance.