DUI Offenses
Is a DUI a felony? As a general rule, no. The majority of DUI offenses in Arizona are classified as misdemeanors, not felonies. However, that is not to say a DUI cannot be a felony. The state of Arizona classifies extreme DUIs as misdemeanors, whereas aggravated DUIs are viewed as felony offenses. Both offenses, however, carry weighty penalties and mandatory stays in Arizona jail. The serious nature of these offenses requires individuals charged with a DUI offense to seek out an Phoenix DUI lawyer immediately.
What Classifies As an Extreme DUI?
According to Arizona law (A.R.S. 28-1382), extreme DUI occurs when a person drives (or is in actual physical control of) a vehicle within two hours of a BAC above 0.15 that results from alcohol consumption prior to or while driving (or being in actual physical control of) said vehicle.
For reference, the average 180 lb. man would need to consume approximately 7 drinks to reach a BAC of .15 prior to driving.
Given the severity of intoxication and the danger it poses to drivers on Arizona roads, the penalties for this misdemeanor charge are severe.
If an individual is charged with an extreme DUI based on having a BAC that exceeds the legal limit for extreme DUI classification (0.15) but is less than 0.20, the following penalties can apply:
DUI Offenses & Defenses
A minimum fine of $250
If convicted, a mandatory minimum of 30 consecutive days spent in jail without eligibility for probation
Payment of $1,000 to cover the costs of an ignition interlock device that must be installed in the vehicle for one year
If the DUI charge is based on an offense where the driver's BAC exceeded 0.20, then the following penalties apply:
A minimum $500 fine
If convicted, a mandatory minimum of 45 consecutive days spent in jail without eligibility for probation until the 45 days are served
Payment of $1,000 to pay for an ignition interlock device that must be installed in the vehicle for one year
While a DUI is not a felony offense, Arizona law dictates that an extreme DUI (and other misdemeanor DUI offenses) may be upgraded to the felony of aggravated DUI under certain circumstances.
What Is an Aggravated DUI?
Misdemeanor DUIs may turn into an aggravated DUI felony offense based on A.R.S. 28-1383.
A misdemeanor DUI may be upgraded to an aggravated DUI if:
An Arizona child under 15 years of age was in the vehicle when the driver was arrested
The defendant's license was revoked or suspended at the time of DUI arrest
The defendant had two previous DUI-related offenses within a 7-year period
The defendant's arrest occurred after the defendants was required by the judge to use an ignition interlocking device
Depending on the facts and circumstances of the charge, multiple DUI penalties may be imposed for an aggravated DUI.
Some of the possible penalties include:
A one-year license suspension/revocation
A minimum of two years spent operating a vehicle with an ignition interlocking device
Incarceration at the Department of Corrections (prison)
Completing alcohol and/or drug screening and treatment programs from an approved facility
Additional incarceration if required treatment and education programs are not completed
Extensive fines
DUI Defenses
When it comes to driving under the influence (DUI), Arizona has one of the strictest laws in the country. The consequences of driving under the influence are governed by Title 28 of the Arizona Revised Statutes.
To be found guilty of a DUI, you need to drive or to be in physical control of a vehicle while under the influence of alcohol or drugs.
Being convicted of a DUI is a troubling experience, mainly because the consequences can be very severe.
You can face jail time, significant fines, license suspension, and your vehicle may be subject to an interlock device.
However, there are a number of dui defenses that your Phoenix DUI lawyer can raise to protect your best interests.
Inaccurate Field Sobriety Test
A main source of evidence that the prosecution typically relies upon to support its argument that you were driving under the influence is a field sobriety test.
If you failed your field sobriety test, the prosecution is going to assert that your failure is due to intoxication.
However, this argument can be tackled with the defense that you were nervous, the area where the test was taken was dark, you were fatigued, you have poor physical coordination, and other non-alcohol related factors caused you to fail the test.
Blood Alcohol Content – Poor Breathalyzer Test/Blood Test
In most states, including Arizona, officers utilize a breathing testing device in order to determine your blood alcohol content level.
The results of the test are another source of evidence that the prosecution relies upon to strengthen its argument.
However, your lawyer can assert a defense that the breath testing device was not well maintained or it was poorly calibrated.
As a result, the device may have registered false.
These machines also have a rate of error that may undermine the state’s argument that you were legally intoxicated.
To support the defense, your lawyer may subpoena police records regarding the testing machine and the lawyer may employ expert testimony that supports the contention that the device frequently malfunctions.
Similar strategies can be used to challenge a blood test.
Lack of Probable Cause for the Traffic Stop
Another dui defense your lawyer may assert is that the officer lacked probable cause for your traffic stop.
In order to subject you to a traffic stop, the officer must have probable cause.
However, if you were driving in a manner that comports with the traffic laws and that was not reckless in any manner, your dui defense lawyer may assert that the officer had no probable cause to stop you.
Driving under the influence is a serious crime and as a result, you need a quality defense lawyer to protect your best interests.
At Tyler Allen Law Firm, our dedicated Phoenix DUI lawyer is able to ensure that your case gets the due care that it deserves and that you are defended in every way possible.
Contact us today to consult with one of our attorneys.