For Anyone Facing a First Time DUI in the State of Arizona

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First of all, I would just like to say that drinking and driving is never acceptable under any circumstances. One night of selfishness or poor planning can cause a lifetime of pain and misery for many people, both those involved in an automobile accident and for the families of the involved. That being said, I do also believe in fairness in the eyes of the law. I do want anyone facing DUI charges to be knowledgeable of their rights in the state of Arizona. It is not pleasant being accused of any crime, but a DUI charge in this state carries with it some of the harshest penalties in the whole country for similar offenses.

Every single conviction for count one of a regular DUI comes with a guarantee of at least one day of jail time. The maximum jail time possible in Arizona for your first time DUI offense is six months. You may be able to get all or some of that time converted into being on house arrest, having an interlock device installed on your car, or continuous alcohol monitoring. The best way to achieve this is by having a great Arizona DUI Lawyer that really specializes in this part of the law and will wield all of that experience in your favor when you have your day in court.

But back to how Arizona is really tough on DUI…whenever a person is put on trial for a regular DUI, they face dual counts for the same offence, one for being “impaired to the slightest degree”, and another for having a “blood alcohol content above .08”.These complimentary counts can be used in several ways against you. The first count can be used to prove that you were operating a vehicle and that you were impaired, even if to only a slight degree. That impairment can come from many substances, not just alcohol. Even your prescription medication can make you illegally impaired for operating vehicles.

Count two typically involves someone who has a tested blood alcohol content (BAC) above .08 within two hours of operating a vehicle. It can also be that they discover an illegal substance in your system or that a legal substance was not being taken as prescribed to you by a doctor.

The first count will hinge on the facts pertaining to what happened, and the second count will be built on some scientific grounds for conviction. Being convicted of both or only one will yield the same results ultimately.

If charged, it may be possible, depending on the facts of the case and even the skill of your DUI defense attorney that you may be able to get convicted of something less severe like reckless driving by way of a plea agreement.

For the sake of performing as well as possible against the nuances of Arizona’s DUI laws, it is advised that you seek an attorney whose focus is on DUI and other vehicular offenses instead of a general criminal defense lawyer.

A little more food for thought: your first time DUI conviction can saddle you with at least $1500 in court fees and fines, a suspended license, forced alcohol counseling, a possibility for SR22 high risk insurance requirement, possibly some community service, an interlock device on your vehicle, and some probation time.

A second regular DUI conviction can greatly increase what you have to pay, the amount of time you must spend in jail, and will guarantee that your insurance rate gets much worse. Please be careful on the road. Prevention is really the best defense.

Nygel is a blogger from Phoenix who writes about all things legal. He believes in both the rule of law and the right to a strong defense. Today’s blog was written to promote the services of the Arizona DUI Team, a law firm specializing in vehicular legal defenses such as DUI, vehicular manslaughter, and hit and run cases.

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