Arizona is a ZERO Tolerance state which makes finding a skilled DUI attorney impetrative to your case.
There are various types of Driving Under the Influence (DUI) in Arizona. The most common DUI charge occurs when, while under the influence of alcohol, an individual driver while “impaired to the slightest degree.” Another common charge occurs when an individual’s alcohol concentration is .08 or more within two hours of driving. These two charges are referred to as a Regular DUI.
An Extreme DUI occurs when an individual’s alcohol concentration is .15 or more within two hours of driving. A Super Extreme DUI occurs when an individual’s alcohol concentration is .20 or higher within two hours of driving.
Did you know that in Arizona you can be charged with a DUI even if you were not driving your vehicle? The DUI statute requires only that you were in “actual physical control” of the vehicle. In determining whether you were in “actual physical control,” a variety of factors are taken into consideration, including the following:
- Whether the ignition was on
- Where the individual was located
- Whether the individual was awake or asleep
- Where the vehicle was located
- Time of day
It is a defense to an “actual physical control” charge that you were using the vehicle as a stationary shelter and did not pose a threat to the public.
DUIs can also be charged when the driver was under the influence of legal or illegal drugs. For more information about Drug DUIs, Arizona Revised Statutes § 28-1381(A)(3).