Understanding Arizona DUI Laws: ARS 28-1382
Facing Arizona extreme DUI or Arizona super extreme UI charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the DUI laws in Arizona. It explains key terms and provides an Arizona DUI penalty chart. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona DUI attorney. If you are charged with DUI Arizona, consult with a qualified Arizona DUI attorney as soon as possible.
What is an Extreme DUI in Arizona?
ARS 28-1382 defines extreme and super extreme DUI in Arizona, which are two of the most serious of the Arizona drunk driving laws. This DUI ARS law establishes that it is illegal to operate a vehicle in Arizona with an alcohol concentration within the following ranges within two hours of driving or being in actual physical control of a vehicle:
- Extreme DUI (ARS 28-1382A1):Alcohol concentration of 0.15 or more but less than 0.20.
- Super Extreme DUI (ARS 28-1382A2):Alcohol concentration of 0.20 or more.
Key Elements of ARS DUI:
- Actual Physical Control:Proof of actual physical control of a vehicle considers all relevant factors to determine whether the present or imminent control of the vehicle posed a real danger to the person controlling it or others.
Evidence that will be considered when determining actual physical control include whether the vehicle was running; whether the ignition was on; where the ignition key was located; where and in what position the person was found in the vehicle; whether the person was awake or asleep; whether the vehicle’s headlights were on; where the vehicle was stopped; whether the person had voluntarily pulled off the road; time of day; weather conditions; whether the heater or air conditioner was on; and whether the windows were up or down.
- Alcohol Concentration:Alcohol concentration is primarily determined through the analysis of blood or breath samples.
Sentencing for Extreme DUI in Arizona:
Extreme DUI Arizona penalties are severe and vary based on the specific charge, your criminal history, and the circumstances of the crime. The following Arizona DUI penalty chart summarizes the potential consequences for each type of offense, including extreme DUI Arizona jail time:
| First Offense (BAC 0.15 - 0.19) | Super Extreme DUI First Offense (BAC 0.20+) | |
|---|---|---|
| Offense | Alcohol concentration of 0.15 or more but less than 0.20 | Alcohol concentration of 0.20 or more |
| Class | Class 1 misdemeanor | Class 1 misdemeanor |
| Jail (minimum) | 30 days (21 days may be suspended if ignition interlock device is installed for 12 months) | 45 days (31 days may be suspended if ignition interlock device is installed for 12 months) |
| DUI Fines in Arizona | $2,500 | $2,750 |
| Community Restitution | Possible | Possible |
| Ignition Interlock | Yes | Yes |
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope:
- Extreme DUI: Alcohol concentration of 0.15 or more, but less than 0.20, within two hours of driving or being in actual physical control of a vehicle.
- Super Extreme DUI: Alcohol concentration of 0.20 or more within two hours of driving or being in actual physical control of a vehicle.
- Elements of the Crime
- Actual Physical Control: Actual physical control is determined by the totality of circumstances, such as whether the vehicle was running, where the person was found in the vehicle, and other factors indicating control over the vehicle.
- Alcohol Concentration: measurement of alcohol within the body typically determined through blood or breath analysis.
- Sentencing:
- Extreme DUI (First Offense): Minimum of 30 days in jail (21 days may be suspended with a 12-month ignition interlock device), a $2,500 fine, and possible community restitution.
- Super Extreme DUI (First Offense): Minimum of 45 days in jail (31 days may be suspended with a 12-month ignition interlock device), a $2,750 fine, and possible community restitution.
- Classification: Under Arizona DUI laws, extreme DUI and super extreme DUI are classified as class 1 misdemeanors.
Next Steps:
Arizona DUI laws are strict and come with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing DUI Arizona charges, under ARS 28 1382, engaging a skilled Arizona DUI attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.