A night of hanging out at the club or having a few drinks after work is innocent enough fun. However, the same fun night turns into a potential criminal conviction once a person decides to drive impaired. Indeed, an Arizona misdemeanor DUI is a Class 1 Misdemeanor, which carries devastating consequences to a person with an otherwise clean record.
Huss Law undertakes a comprehensive DUI investigation in every case. Specifically, Mr. Huss meticulously analyzes the traffic stop and roadside investigation. Moreover, Mr. Huss reviews the collection of breath or blood sample. Huss Law’s experience is valuable during a misdemeanor DUI investigation.
5 Types of Misdemeanor DUI in Arizona
Huss Law defends all Arizona misdemeanor DUI offenses, including:
- DUI–Blood alcohol content greater than .08% but below .15% pursuant to A.R.S. § 28-1381(A)(2)
- Extreme DUI–Blood alcohol content greater than .15% but below .20% pursuant to A.R.S. § 28-1382(A)(1)
- DUI Drugs or Drug Metabolite pursuant to A.R.S. § 28-1381(A)(3)
Explanation of Type of Misdemeanor DUI in Arizona
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.
Blood Alcohol Content Greater than .08% but less than .15%
A.R.S. 28-1381(A)(2) is the DUI requiring a number. The number is specific to Blood Alcohol Content (“BAC”). Or, in many cases, Breath Alcohol Content. Indeed, the State need not prove impairment to obtain a conviction under this section. Rather, it must prove the BAC in a driver’s system is .08% or greater. Specifically, the State must prove a person was (1) driving or in actual physical control of a motor vehicle and (2) the driver had a blood alcohol content greater than .08% (3) within 2 hours of driving or being in actual physical control.
Drugs or Metabolite
DUI Drugs or Metabolite is a Class 1 Misdemeanor in Arizona. This DUI theory criminalizes conduct for a driver having an illegal drug or non-prescribed drug in their system. Per A.R.S. §28-1381(A)(3), it is unlawful for a person to: (1) Drive or be in actual physical control of a motor vehicle (2) while any drug defined under A.R.S. §13-3401 or its metabolite is present in the person’s system. Indeed, drug “metabolite” is what remains of the parent drug after the body processes it. Metabolite is an inactive component of the drug.
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 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. All DUI convictions require installation of the ignition interlock device into any vehicle the defendant drives (Unless it is a DUI Drugs or Metabolite under A.R.S. 28-1381(A)(3). Indeed, there is no ignition interlock device requirement for a “Drug” DUI. 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 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 (Again, unless the conviction is for DUI Drugs or Metabolite per A.R.S. 28-1381(A)(3)). 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%
An Extreme DUI is a Class 1 Misdemeanor in Arizona. For a conviction, A.R.S. §28-1382(A)(1) requires the State to prove a person drove or was in actual physical control of a motor vehicle. And, the person’s blood alcohol content is above a .15%, but below a .20% within 2 hours of driving or being in actual physical control.
FIRST OFFENSE EXTREME DUI
A First Offense Extreme DUI carries mandatory jail and fines. Specifically, 30 days jail is mandatory. However, home detention significantly cuts this down to 2 days in custody. Moreover, fines, fees, surcharge and assessments run in the neighborhood of $3000. A First Offense Extreme DUI also imposes a 90-day suspension of driving privileges and an ignition interlock requirement for about 1-year.
SECOND OFFENSE EXTREME DUI
A second time offense mandates 120 days jail, but is eligible for home detention after serving 24 days. And, fines, fees and assessments total approximately $3500. A second offense Extreme DUI also imposes a 1-year driver’s license revocation and an ignition interlock device requirement.
Super Extreme DUI with a BAC Greater than .20%
A “Super Extreme” DUI in Arizona is a Class 1 Misdemeanor per A.R.S. §28-1382(A)(2). To convict, the State must prove a person’s blood alcohol content is above a .20% within two hours of driving or being in actual physical control of a motor vehicle. Indeed, a conviction for a “Super Extreme” DUI carries liberty consequences even for a first-time offender.
FIRST OFFENSE SUPER EXTREME DUI
A person faces 45 days in jail for a first-time “Super Extreme” DUI. However, there is home detention eligibility after serving 3 days in jail. In addition, fines, fees, and assessments are approximately $3500. And, there is also a mandatory 90-day driver’s license suspension and an ignition interlock device requirement.
SECOND OFFENSE SUPER EXTREME DUI
Second offense misdemeanor penalties include the maximum 180 days in jail for a Class 1 Misdemeanor. Fortunately, one may be eligible for home detention after serving 36 days in jail. The fines, fees, and assessments for a “Super Extreme” DUI are approximately $4500. Also, a person faces a 1-year driver’s license revocation with an ignition interlock device.
Call Huss Law for a Misdemeanor DUI in Arizona
Obviously, a DUI is a costly mistake. It is best to retain an experienced attorney. Huss Law is Arizona’s Premier Misdemeanor DUI Defense firm. Indeed, Jeremy L. Huss has handled DUI offenses in Arizona for over two decades. Specifically, Mr. Huss spent nearly 13 years as an Arizona felony prosecutor. During that time, he was lead counsel in numerous DUI, Aggravated DUI, and other vehicular crime cases. During his time as a prosecutor, Mr. Huss trained police officers in DUI investigations and search and seizure. Mr. Huss has significant experience in DUI investigations, as well as issues concerning blood and breath testing. Moreover, based on his years of trial experience, Mr. Huss is an expert in DUI defenses including issues surrounding a driver having no actual physical control of a motor vehicle. Anybody under investigation for a Misdemeanor DUI in Arizona should call Huss Law immediately!
