The key to mounting a successful DUI/DWI or Extreme DWI defense is by understanding the differences between the different DUI charges. The State of Arizona is very serious about their DUI laws and no one understands the differences between DUI related charges in Arizona like DMCantor.
We have put together a specific list of all of the Arizona DUI charges:
DUI A.R.S. §28-1381 (A)(1)
Driving Under the Influence of intoxicating liquor (or illegal or illicit drugs).
The DUI charge in Arizona does not require a breath reading. It strictly deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions of impairment.
DWI A.R.S. §28-1381 (A)(2)
Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of driving.
The charge of DWI in Arizona does not require the accused have a BAC of .08% or greater at the time of driving. Many people do not realize the test results only show their BAC at the time they were tested and not at the time they were actually operating a vehicle. A possible defense for this charge is retrograde extrapolation, which calculates what your true BAC level was at the time of operating a vehicle.
EXTREME DUI / DWI A.R.S. §28-1382 (A)(1)
Driving with a Blood Alcohol Content (BAC) of 0.15% or greater within two hours of driving.
The Extreme DWI charge is the same as the DWI charge except it requires the BAC to be .15% or greater.
SUPER EXTREME DWI A.R.S. §28-1382(A)(2)
Driving with a Blood Alcohol Concentration of 0.20% or greater within two hours of driving.
Super Extreme DWI charge is the same as the DWI and Extreme DWI charges except it requires the BAC to be .20% or greater.
DUI Drugs A.R.S. §28-1381 (A)(3)
It is illegal to drive with a metabolite of certain drugs in a person’s body. These drugs are what are known as illegal drugs or illicit drugs. Illegal drugs or narcotics are the drugs we all know (cocaine, marijuana, methamphetamine, heroin etc.). An illicit drug is a legal prescription drug that is possessed by somebody who does not have a valid prescription to consume or possess those drugs. In Arizona, it is irrelevant whether or not you are impaired while operating a vehicle as DUI Drugs is a strict liability crime. For example, if you smoked marijuana 30 days prior to driving and the metabolite is still in your system, you can be cited for DUI Drugs in Arizona.
If you been charged with one of these DUI related crimes in Arizona contact The Law of Offices of David M. Cantor today at 602-307-0808 or Contact Us Today for a FREE DUI, DWI or Extreme DWI Case Consultation.
For more information on the Differences Between DUI Charges in Arizona, please refer to our parent site for DMCantor.