In Arizona, facing a First Offense DUI charge can be daunting, but having the right Defense Lawyer can make all the difference.
At The Law Offices of Brian Douglas Sloan, we understand the gravity of a first-offense DUI charge. We are dedicated to providing top-notch legal defense for individuals charged with DUI in Arizona.
First Offense DUI in Arizona
A First Offense DUI in Arizona refers to the act of operating a vehicle with a blood alcohol concentration (BAC) at or exceeding the legal limit of a .08. One can also be charged with a DUI if under the influence of any amount of alcohol, drugs, or medications, that impairs a person even the slightest degree. This is a serious offense, especially in the State of Arizona, and can have significant legal consequences.
Understanding §A.R.S. 28-1381 for a First Time Regular DUI in Arizona
This Arizona statute (law) prohibits individuals from operating a motor vehicle while impaired by alcohol, drugs, medication, a vapor releasing substance (such as paint huffing), or a combination of any of those substances, to the slightest degree. It emphasizes what could be considered the state’s zero-tolerance stance on impaired driving.
Arizona law takes DUI cases seriously, imposing strict consequences for DUI offenders, which is often considered the harshest consequences in the nation. This statute underscores the critical importance of responsible, sober driving to ensure road safety.
Legal Blood Alcohol Limit
Arizona is stringent when it comes to drunk driving. The state strictly enforces a BAC limit of a 0.08% Blood Alcohol Level for DUI cases. Exceeding this limit can result in a First conviction for Driving Under the Influence.
In Arizona, a first time DUI case typically involve two distinct charges. These charges offer alternate ways for the prosecution to charge a person with a DUI offense. Further, both Count 1 and Count 2 are considered Misdemeanors. However, there are exceptions to this rule, in the case of a person driving with a child in the car, a suspended license, driving the wrong way on the roadway, or driving while ordered to have an Interlock on their vehicle (which can be required, even if there isn’t a previous DUI conviction).
Count 1: DUI – Impaired requires the prosecutor to prove that the individual’s ability to drive was impaired to the slightest degree by their use of alcohol, drugs, medications, vapor-releasing substances, or a combination thereof, regardless of the blood alcohol content (BAC). In certain situations, having a BAC below 0.08% can still absolutely lead to a DUI charge and conviction.
Additionally, Count 2 pertains to individuals with a BAC of .08 or higher, tested within two hours of driving, which can also constitute a Regular DUI charge, as long as the blood alcohol level is below a .150. In the case where it is alleged that the person has drugs or medications in their system, Count 2 is typically charged as a Drug DUI offense, if in the person’s blood, there is the presence of an illegal substance, the illegal substance’s active metabolite, or a prescription drug was not being taken as prescribed..
Penalties for First Time DUI Conviction in Arizona
The potential penalties for a First-Offense DUI charge in Arizona are severe. They may include the following:
- 1 day to 6 months of jail time
- Fines & fees between $1,500 and $3,500
- License suspension
- Ignition Interlock Device (IID) for 6 months to 18 months
- Alcohol Counseling & Possible Mothers Against Drunk Driving Class
- Possible SR-22 High-Risk Insurance for months to years
- Possible probation for up to five years
- Possible community service