Arizona driving under the influence (DUI) laws prohibit intoxicated drivers under the influence of alcohol, prescription drugs, or controlled substances from driving on Arizona highways. Driving under the influence in Arizona is driving while intoxicated by alcohol, marijuana, crack cocaine, methamphetamines, or prescription painkillers. A blood alcohol concentration (BAC) of .08 in an adult driver’s blood stream is illegally intoxicated. Underage drinkers are illegally intoxicated if a police officer detects any amount of alcohol or controlled substances in their breath. In Arizona commercial drivers are illegally intoxicated if their BAC is .04. Any driver with a Schedule I, II, III, IV, or V controlled substance on his or her breath is driving while intoxicated.
When you get pulled over for driving under the influence, the law enforcement officer already suspects that you are guilty. The police officer will offer you a breath or urine test which could prove your innocence. The results of your sobriety test are admissible as evidence in criminal court. You go to jail if the test proves you are driving while intoxicated. You should never try to defend yourself against criminal charges. You should remain quiet because anything you say can be used against you. You need an aggressive criminal attorney to represent you in jail, in criminal court, and in agency hearings.
Your Arizona driver’s license is your implied consent to take a breath, urine, or blood test if an officer thinks you’re driving under the influence. Your driver’s license will be suspended immediately if you refuse to take your Breathalyzer test. You’ll suffer steeper fines and may stay in jail longer if you refuse your sobriety test. If you take the test, you show a desire to cooperate. If you took the test, your criminal defense attorney may be able to plea bargain a “wet reckless” conviction which allow you to drive on a “hardship” license. You’ll have to install an interlock device on your car, but you’ll be allowed to drive to and from work.
Extreme DUI means you were driving with an extremely high concentration of alcohol or controlled substances in your blood stream. Any sober person can see you should not be driving a motor vehicle. You’ll serve not less than 30 consecutive days in jail without bail or probation. You’ll pay at least a $2,500 fine. You’ll have to install an interlock device on your vehicle when you finally drive again. The State of Arizona demands at least 120 days in jail, at least a $3,250 fine, and your driver’s license revoked beyond suspended if you have a previous extreme DUI conviction on your record. You may not ever get your driver’s license back.
If you are driving under the influence on a suspended or revoked driver’s license, after committing three DUIs within 7 years, or with a child in your vehicle, you are guilty of aggravated DUI – ARS 28-1383. If you are charged with aggravated DUI, you’ll lose your driver’s license for at least one year, you’ll have to submit to an alcohol treatment program, and you may do two years in prison. You’ll be required to install an ignition interlock system on your car when you finally get your driver’s license back. You’ll probably be ordered to perform community service.
“Endangerment” means recklessly placing a child at a substantial risk of death or physical injury according to (Arizona Revised Statute) ARS 13-1201. If you were driving under the influence with a child in your car, you endangered a child while you were intoxicated. You will face the greatest possible mandatory sentence for your actions, and you’ll be charged with child abuse. Your children will be removed from your care. If the child suffered injuries or died as a result of your reckless behavior, you’ll be charged with vehicular endangerment or homicide.
Even if it’s your first DUI, you’ll find it difficult to meet your financial obligations, attend out patient substance abuse treatment, and pay your defense attorney if you are arrested. Our criminal defense attorney may represent you in criminal court and at the Department of Motor Vehicles when you hope to get your driver’s license reinstated. Even on your first DUI:
Vehicular endangerment is a charge which is frequently offered as a plea bargain because an aggravated DUI is a class four felony, and vehicular endangerment is a class six felony. Rather than going to prison, the vehicular endangerment charge may mean at least 12 hours each day in jail with a release to go to work during the day. Our criminal defense attorney has gotten felony endangerment, possession of marijuana with intent to sell, and assault charges all reduced to misdemeanor charges.
David M. Cantor, our Arizona criminal defense attorney, ranks among the Top 10 within the American Institute of DUI/DWI Attorneys. A Superior DUI Defense Advocate, our Phoenix, Arizona, criminal defense attorney may even come to the jail to meet with you and attempt to get your bail reduced. David M. Cantor is rated one of the top 100 criminal defense trial lawyers by the American Trial Lawyers Association. Cantor’s legal team includes a former state’s attorney and former prosecutors who know the law better than the Arizona police officers. Our criminal defense lawyer represents clients in criminal trials and appeals in state and federal courts throughout the State of Arizona.
Call DM Cantor law firm for a free initial consultation with a criminal defense attorney with extensive knowledge of all aspects of forensic science and DUI laws in Arizona. Your attorney will strive to negotiate reduced charges for your DUI or your complete acquittal. We will help you preserve your rights and return to work and your family and friends as quickly as possible. Need help immediately? Call our criminal defense attorney’s 24-hour emergency number if you are arrested on a DUI-related charge in Phoenix, Mesa, Scottsdale, Tempe, Chandler, Glendale, Goodyear, or Peoria, Arizona. Our criminal defense law firm helps clients with all aspects of criminal charges while they are in jail, in an Arizona criminal court, and in appellate courts.