ARS 28-1381 – Arizona DUI laws

Consequences of ARS 28-1381: Understanding Arizona’s DUI laws

Driving under the influence (DUI) is a serious offense that can have long-lasting consequences. Arizona has some of the strictest DUI laws in the country. ARS 28-1381 outlines Arizona’s DUI laws and the penalties for those who violate them. It’s important to understand the consequences of these laws in order to avoid potential legal troubles. In this post, we’ll take a closer look at ARS 28-1381 and what it means for drivers in Arizona. We’ll cover the different types of DUIs, the penalties for each offense, and how these penalties can affect your life.

Overview of ARS 28-1381

In Arizona, driving under the influence (DUI) is considered a serious offense that can have severe consequences. ARS 28-1381 is the state statute that outlines the DUI laws in Arizona. This statute makes it illegal to operate a vehicle while under the influence of alcohol, drugs, or both. It also sets the legal limits for blood alcohol content (BAC) while operating a vehicle. In Arizona, the legal BAC limit is 0.08% for drivers over the age of 21 years old. However, for commercial drivers, the limit is 0.04% and for drivers under 21 years old, there is a zero-tolerance policy which means any amount of alcohol in their system can lead to a DUI charge.

ARS 28-1381 also outlines the penalties for DUI offenses, which can range from fines and jail time to license suspension, community service, and mandatory alcohol or drug education classes. The consequences of a DUI conviction can also extend beyond legal penalties and impact your personal and professional life as well. Understanding the details of ARS 28-1381 is crucial for anyone driving in Arizona, to avoid facing the serious consequences of a DUI conviction.

What is considered DUI in Arizona?

In Arizona, Driving Under the Influence (DUI) is defined as being in physical control of a vehicle while under the influence of alcohol, drugs, or any combination of the two. This means that if you are in the driver’s seat of a car and have access to the keys, you can be charged with DUI even if the car is not moving.

Arizona has strict DUI laws and the legal blood alcohol concentration (BAC) limit is set at 0.08% for drivers over the age of 21. However, for drivers under the age of 21, any amount of alcohol in their system can result in a DUI charge.
It is important to note that Arizona is also a zero-tolerance state when it comes to drugs. This means that any amount of a drug in a driver’s system can result in a DUI charge, even if the drug was legally prescribed.

Arizona has an “extreme DUI” law that applies to drivers with a BAC of 0.15% or higher. Penalties for extreme DUI charges can be severe and can include fines, jail time, and mandatory ignition interlock device installation on your vehicle.

Consequences of a DUI in Arizona

DUI charges in Arizona carry serious consequences that can follow you for years to come. If convicted, you can face steep fines, jail time, probation, and a criminal record that could affect your employment opportunities, education, and even your ability to obtain a loan.

First-time offenders may face up to 10 days in jail, fines up to $1,500, and a 90-day license suspension. These penalties may increase for repeat offenders or if the DUI resulted in property damage, injury, or death.
In addition to legal consequences, a DUI can also impact your personal life. You may face social stigma and damage to your reputation, strain on personal relationships, and higher insurance rates. If you rely on your ability to drive for work, a DUI conviction could even result in job loss.

Aggravated DUI Charges In Arizona

In Arizona, there are five ways a misdemeanor DUI can be charged as an aggravated DUI:

1. Committing any DUI while having a suspended, canceled, revoked, or refused driver’s license or privilege to drive in Arizona
2. Committing a third or more misdemeanor DUI within 84 months (seven years) of your first DUI
3. Committing a DUI while a child under 15 years old is in the vehicle
4. Committing a DUI while you are required to have an ignition interlock device on the vehicle
5. Committing a DUI while driving the wrong way on a highway

Penalties And Punishments For An Aggravated DUI Conviction

The penalties for aggravated DUI are steep. Under the law, a judge will order an initial prison sentence as a term of probation for those convicted of aggravated DUI, even for those who have no prior felony convictions.

A conviction will also result in a mandatory revocation of your driver’s license for one year and require the installment of an ignition interlock device on your vehicle.

Defense Strategies To Lessen The Consequences

There are specific defenses in aggravated DUI cases that may be applicable to your case such as:

A lack of knowledge of reason to know of the suspension, revocation, or cancellation of your license

• Did you receive proper notice of the suspension, revocation, or cancellation in the mail?
• Was the notice properly served on you?
• Have you reinstated your license since the suspension, revocation, or cancellation?

These are all issues that could affect your aggravated DUI case, and if the state or Motor Vehicle Division (MVD) did not follow the proper procedures, the case against you could fall apart.

An invalid or non-eligible out-of-state prior conviction

If the state has charged you with an aggravated DUI for having prior DUI convictions, the state must be able to prove that you were convicted of the prior offenses and the offenses qualify as “convictions” under Arizona law.

Many times, we can show that the state cannot sufficiently prove a prior DUI conviction or that it is not eligible under Arizona law.

What to do if you get pulled over for a DUI in Arizona

If you get pulled over for a DUI in Arizona, the most important thing to do is to remain calm and cooperative with the law enforcement officer. Remember, they are just doing their job and trying to keep the roads safe.

When the officer approaches your vehicle, be polite and provide your license, registration, and proof of insurance when asked. If the officer suspects that you have been drinking, they may ask you to step out of the vehicle and perform a field sobriety test.

It’s important to note that you are not required to take a field sobriety test or a breathalyzer test, but refusing to do so can result in the immediate suspension of your driver’s license for up to 12 months. Additionally, refusing to take a breathalyzer test can be used against you in court as evidence of guilt.

If you do take a breathalyzer test and fail, you will be placed under arrest and taken to a nearby police station or jail for processing. At this point, you should exercise your right to remain silent and ask for an attorney.

Once you have been released from custody, it’s important to contact a DUI lawyer as soon as possible. An experienced lawyer can review the details of your case and help you understand your legal options. Remember, a DUI conviction can have serious consequences, including fines, jail time, and a criminal record.

 Possible Defenses against a DUI Charge in Arizona

If you have been charged with a DUI in Arizona, it is important to know that there are possible defenses that can help you in your case. It is always recommended to speak with an experienced DUI defense attorney to determine which defense strategies will work best for your particular situation.

One possible defense is challenging the validity of the traffic stop. Law enforcement officers must have a valid reason to pull a driver over, such as a traffic violation or suspicion of impairment. If the stop was not based on a valid reason, any evidence gathered after the stop may be deemed inadmissible in court.

Another possible defense is challenging the accuracy of the field sobriety tests or breathalyzer test results. These tests are not always accurate and can be affected by a number of factors, including medical conditions or environmental factors. An experienced attorney can help you challenge the results of these tests to potentially get your charges reduced or dismissed.

It is also possible to argue that the officer did not have probable cause to arrest you for DUI. If there is no evidence to support the officer’s belief that you were impaired, your attorney may be able to have the charges dropped.
Overall, there are several possible defenses against a DUI charge in Arizona. Working with an experienced attorney can help you determine which defenses to use and increase your chances of a favorable outcome in your case.

Importance of hiring an experienced DUI attorney in Arizona

If you have been charged with DUI in Arizona, it’s critical to have the right legal representation to represent your case in court. The consequences of a DUI conviction can be severe, including fines, license suspension, and even jail time.
Hiring an experienced DUI attorney can help you navigate the complexities of the legal system in Arizona and increase your chances of a successful outcome. DUI attorneys have the knowledge and expertise to analyze the evidence against you and build a strong defense on your behalf.

An experienced DUI attorney can also help you understand the full range of options available to you, such as plea bargaining or diversion programs. They can explain the potential consequences of each option and help you make an informed decision about how to proceed.

An experienced DUI attorney can help you mitigate the impact of a DUI conviction on your life. They can help you understand how a conviction may affect your employment, your driving privileges, and your future opportunities. With their help, you can take steps to minimize the impact of a DUI conviction and move forward in your life.

 How to Choose the Right Arizona DUI Attorney

Choosing the right DUI attorney in Arizona can mean the difference between a conviction and a dismissal of charges. It’s important to find an attorney who specializes in DUI cases and has a proven track record of success in defending clients against DUI charges.

When choosing a DUI attorney, it’s important to do your research and ask for referrals from friends and family who have faced similar charges. Look for an attorney who is experienced, knowledgeable, and has a strong understanding of Arizona’s DUI laws.

Make sure to schedule a consultation with the attorney to discuss your case and get a sense of their communication style and approach. Ask questions about their experience in handling DUI cases, their success rate, and their fees. It’s important to have a clear understanding of what you will be paying for and what services will be provided.

A good DUI attorney will provide you with a strong defense and work tirelessly to protect your rights and interests. They will also be able to negotiate with the prosecution to potentially reduce charges or penalties. With the right DUI attorney on your side, you can have peace of mind knowing that you have the best possible defense.

Steps  to Avoid a DUI in Arizona

If you want to avoid a DUI in Arizona, there are several steps you can take to reduce your chances of getting pulled over and arrested. Here are some of the most important things to keep in mind:

1. Don’t drink and drive. This might seem obvious, but it’s the best way to avoid a DUI. If you’re going to be drinking, plan ahead and arrange for a designated driver, take an Uber or Lyft, or use public transportation.
2. Know your limits. If you do decide to drink, know how much you can handle and stick to it. Be aware of how many drinks you’ve had and how long it’s been since your last drink.
3. Avoid driving late at night. The majority of DUI arrests happen at night, so try to avoid driving at night if possible.
4. Be aware of your surroundings. If you see a DUI checkpoint up ahead, don’t try to avoid it. This will only raise suspicion and make you more likely to be pulled over.
5. Keep your car in good working order. Avoid getting pulled over for a broken taillight or other minor issue that could lead to a DUI investigation.

Understanding the difference between DUI and DWI in Arizona

DUI and DWI are two terms that are often used interchangeably, but they actually refer to different crimes in Arizona. It’s important to understand the difference between these two terms so that you can understand the potential consequences of ARS 28-1381.

DUI stands for driving under the influence. In Arizona, a person can be charged with DUI if they are operating a motor vehicle while under the influence of drugs or alcohol. This means that their ability to drive is impaired, regardless of their blood alcohol content (BAC) level.

On the other hand, DWI stands for driving while intoxicated. In Arizona, a person can be charged with DWI if they are operating a motor vehicle with a BAC of 0.08% or higher. This means that even if a person does not exhibit any signs of impairment, they can still be charged with DWI if their BAC is above the legal limit.

It’s important to note that both DUI and DWI are serious crimes in Arizona. If you are convicted of either offense, you could face significant fines, jail time, and the loss of your driver’s license. It’s crucial to understand the difference between these two terms so that you can take steps to avoid a DUI or DWI conviction. If you are facing charges related to ARS 28-1381, it’s important to consult with an experienced DUI defense attorney who can help you understand your legal rights and options.

Conclusion: Don’t drink and drive in Arizona

In conclusion, the consequences of ARS 28-1381, Arizona’s DUI laws, are severe and can have a lasting impact on your life. Not only can you face fines, jail time, and a criminal record, but you can also cause harm to yourself and others on the road.

The best course of action is to never drink and drive in Arizona. If you plan on drinking, make sure to have a designated driver, use a ride-sharing service, or stay overnight. It’s not worth risking your life or the lives of others.
If you do find yourself facing DUI charges, it’s important to seek legal counsel immediately. An experienced DUI lawyer can guide you through the legal process, protect your rights, and help you achieve the best possible outcome for your case.

We hope you enjoyed our article about the consequences of ARS 28-1381 and understanding Arizona DUI laws. It’s important to understand the severity of a DUI charge and the potential consequences that come with it. It’s not just about the fines and potential jail time, but also the impact it can have on your personal and professional life. We hope that this article has provided you with a better understanding of the consequences of a DUI charge in Arizona and that you use this knowledge to make informed decisions and avoid getting behind the wheel while under the influence. Stay safe, always!