Driving under the Influence of alcohol or drugs (DUI) is a serious offense in Arizona that carries significant consequences. Specifically, Arizona Statutes §§28-1381 and 28-1382 govern Arizona Misdemeanor DUI offenses. And, A.R.S. §28-1383 is the Felony Aggravated DUI section. Anyone facing a DUI investigation should contact an experienced attorney immediately. Huss Law, PLLC is an experienced Arizona DUI defense firm.
Huss Law, PLLC Is Arizona’s Top DUI Attorney
Attorney Jeremy L. Huss has 20 years of experience with Arizona DUI investigations and prosecutions. During this time, Mr. Huss has trained law enforcement officers on DUI investigations, search and seizure, and courtroom testimony. Indeed, Mr. Huss has expertise in DUI investigations including the traffic stop, field sobriety testing, and drug recognition. Also, Mr. Huss is knowledgeable with DUI defenses including no actual physical control. Moreover, Huss Law, PLLC has years of experience and expert knowledge concerning DUI breath test issues and issues surrounding blood draws. Significantly, Mr. Huss has been lead trial counsel on many DUI cases throughout two decades. He has many years experience trying misdemeanor and felony DUI cases to Arizona juries and has expert knowledge with Arizona DUI issues.
It is an unfortunate reality that many citizens have driven under the influence of alcohol. However, some people fortunately go a lifetime committing DUI with no harm to others or themselves. And, no contact from law enforcement. On the contrary, many do have contact with law enforcement, and it is a life-changing experience. Specifically, the investigation and arrest process is humiliating, as is going through the criminal court and separate department of motor vehicle process. Indeed, a person convicted of DUI will pay significant fines, serve time in jail, lose driving privileges, and equip any vehicle with an ignition interlock device. This entire process taxes a person’s bank account, liberty and emotions. It is important to retain an experienced Arizona DUI attorney like Huss Law, PLLC.
Misdemeanor DUI in Arizona
Misdemeanor DUIs in Arizona are Class 1 Misdemeanors. Five theories of misdemeanor DUI exist. Huss Law, PLLC defends all misdemeanor DUI offenses, which include:
- Impairment to the Slightest Degree
- DUI Blood Alcohol Content Greater than .08% but less than .15%
- DUI Drugs or Drug Metabolite
- Extreme DUI Blood Alcohol Content Greater than .15% but less than .20%
- Super Extreme DUI Blood Alcohol Content Greater than .20%
DUI Impairment to the Slightest Degree
A.R.S. 28-1381(A)(1) dictates that it is unlawful for a person to drive or be in actual physical control of a motor vehicle while impaired to the slightest degree by alcohol or drugs. This offense requires the state to prove impairment, unlike the other DUI theories. The other theories merely require proof of a specific blood alcohol level (i.e., .08% or greater) or drug presence. Indeed, Arizona law presumes impairment if a driver has a BAC .08% or greater. The State proves impairment through driving behavior, officer observation of driver movements, symptoms and ability to follow instructions.
DUI Blood Alcohol Content Greater than .08% but less than .15%
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DUI Drugs or Drug Metabolite
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Penalties for DUI Impairment to the Slightest Degree, DUI .08% & DUI Drugs
FIRST OFFENSE
A first time conviction for DUI impairment to the slightest degree, BAC .08% or greater, but less than .15%, and DUI Drugs or Drug Metabolite carries mandatory 1-day jail, after figuring in suspensions for alcohol counseling. The fines, fees, surcharges and assessments imposed will exceed $2000. Drivers license ramifications carry a 90-day suspension. However, a person who refuses to submit to the chemical test faces a 1-year drivers license suspension. Indeed, a temporary restricted license is available for both the 90-day and the 1-year suspensions. Specifically, temporary restricted licenses are available after a “hard” 30-day (for 90-day suspension) and 90-day (for 1-year suspension) period. All DUI convictions require installation of the ignition interlock device into any vehicle the defendant drives. This requirement lasts between 6 to 12 months, generally.
SECOND OFFENSE
A second time DUI conviction for DUI impairment to the slightest degree, BAC .08% or greater, but less than .15%, and DUI Drugs or Drug Metabolite carries mandatory 30 days jail, after figuring in suspensions for alcohol counseling. Fortunately, Arizona allows home detention and a person convicted for a second offenses may serve as little as 6 days in jail, if eligible. The fines, fees, and surcharges for a second offense for these non-extreme DUIs exceeds $3000 and the ignition interlock device. Finally, a person faces a 1-year drivers license suspension for a second offense DUI in Arizona.
Extreme DUI with a BAC Greater than .15% but less than .20%
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Super Extreme DUI with a BAC Greater than .20%
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Felony DUI in Arizona
Call Huss Law for a Free DUI Consultation
Obviously, a DUI is a costly mistake. It is best to retain an experienced attorney. Indeed, the attorneys at Huss Law have the experience and knowledge to put a person in the best position to resolve their case. Any person facing a DUI investigation or charges should Call Huss Law for a Free Consultation.
