Under What Circumstances Can a Person Be Arrested for a DUI?

In Arizona, “driving under the influence” statutes define a person’s ability to operate a vehicle in multiple ways. Listed below are explanations and definitions of Arizona’s DUI classifications:

MISDEMEANOR DUI’s

1.    A “DUI” is operating a vehicle while impaired to the slightest degree. Impairment may be from alcohol, drugs, or some other method by which the driver’s ability to operate a vehicle is somehow compromised. In other words, one does not need to be drinking to pulled over and ticketed for a DUI in Arizona.

2.    A person cited for “Per Se DUI” is a person whose blood alcohol content is above 0.08 within 2 hours of driving. A Per Se DUI is the offense people usually refer to when they, or someone they know, has been arrested for drinking while driving.

3.    An “Extreme DUI” is defined as an offense when a person’s blood alcohol content is above 0.15 within 2 hours of operating a vehicle.

4.    A “Super Extreme DUI” is defined as an offense when a person’s blood alcohol content is above 0.20 within 2 hours of operating a vehicle.

5.    A “Minor DUI” occurs when a person under the age of 21 years old has ANY alcohol in their system while driving.

6.    A person has committed “Commercial DUI” if their blood alcohol content is above 0.04 and is driving a commercial vehicle such as, for example, a long haul truck.

7.    A person may be cited for a “DRUGS DUI” if that person has ANY illegal substance or is metabolite in their body. In these cases, no actual impairment is necessary for a person to be charged with a DUI.

If a person has committed any of the offenses listed above AND one of the factors below is present in a particular person’s case, that person is subject to Arizona’s felony DUI statutes and their corresponding punishments under the law.

FELONY DUI’s

1.    If a person’s privilege to drive has been revoked, suspended, or restricted for any reason at the time of their arrest.

2.    If a person has 2 or more prior DUI convictions in Arizona OR any other state within 7 years of their arrest.

3.    If a person has 1 or more children under the age of 15 years old in the vehicle at the time of arrest.

If you find yourself in a situation where a police officer pulls you over and arrests you for DUI, know that we at The Carroll Law Firm can help. Feel free to call us at 623-551-9366 so that we may find a time to sit down with you, talk about your case, and discuss your possible options.

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