Recently in DUI Laws Category

In Arizona, a drunken driving charge can turn into an aggravated felony when the driver causes injury to another person. When a DUI charge is raised from a misdemeanor to a felony, a defendant stands to face much stiffer penalties.

Arizona's DUI causing injury offense isn't out of the ordinary, but it does include three elements worth noting:

Arizona law requires even first-time DUI offenders to get an ignition interlock device installed in their cars for a year. But there are a few tips to get you back behind the wheel -- without the device -- in just six months.

In a previous post, we explained five things to know about ignition interlock. But if you are facing a DUI arrest or conviction in Arizona, you should also know that you can potentially cut down your time with an ignition interlock device.

Here's how to do it:

If you're convicted of a DUI, you're facing some steep penalties. But if you aggravate that DUI, you're facing even more penalties.

Under Arizona's DUI laws, it's illegal to drive with a blood alcohol concentration of 0.08% or higher. But that's just a simple DUI.

In Arizona, a driver can be charged with aggravated DUI -- a felony charge -- if he or she:

If you have been convicted of drunken driving in Arizona, you may be required to install an ignition interlock device in your car. This is true even for a first-time DUI conviction.

An ignition interlock device is basically a breath analyzing device that's installed directly into the dashboard of your vehicle. Before the vehicle is started, you will be asked to blow into the device. If the device detects alcohol on your breath, the vehicle will not start.

Even after successfully starting your vehicle, you will be asked to blow into the device at random times to ensure your sobriety.

Let's get one thing straight right off the bat: You don't have to plead guilty to a DUI. But if you know you're going to enter a plea, should you bother hiring a lawyer?

Well, how will you know whether pleading guilty is a good choice? It depends on a lot of factors such as the evidence, the charges, and your past record. And what charge should you plead to?

Any guesses on who can help you analyze that information?

If you a guessed a lawyer, you've probably been reading this blog for a while. But just in case you're not convinced, we've got three things that prove it.

In too many DUI cases, someone other than the driver gets hurt or even killed. But under Arizona’s dram shop laws, the driver isn’t the only one responsible.

Criminally speaking, only the driver will face charges. The criminal system generally punishes the person who was involved in the crime, not the person who unknowingly contributed.

But when it comes to a civil case for damages, whether that is hospital bills or wrongful death, the victim and his family can sue the person who sold the alcohol too.

Legally speaking, a social host can be held liable for any injuries a drunken guest causes after driving away from a party. Now doesn't that put a damper on your party plans?

Well it shouldn't. Arizona's laws aren't as strict as social host laws elsewhere in the country. For example, in Arizona you won't be held liable for serving a drunken guest who then hits someone with his car, even if you served him too much or maybe should have taken away his keys.

But there is one specific exception: serving underage guests.

DUI laws are meant to punish drivers for endangering others, which means if your DUI is especially dangerous, you can expect some sentencing enhancements. Arizona law has harsher punishments for drivers who endanger others beyond just drinking and driving.

Those additional punishments can include a longer incarceration or higher fines, or both. It could also mean additional charges or changing a misdemeanor to a felony.

If you're busted for a DUI you can expect some serious punishment. But if you meet the factors for a sentencing enhancement, it can be even worse.

Here's what we mean:

Challenging a DUI blood test may sound like an impossible task. But there are several ways to do it if you think the results are unfair.

That doesn't mean the challenge will always be successful. But a test that shows your blood alcohol level was over the legal limit -- 0.08% for adults 21 and over in Arizona -- isn't necessarily a guarantee that you'll lose in court.

Mistakes happen with blood tests; the technicians are only human. To take advantage of that, you just need to know where mistakes are most likely to happen. Some examples of potential mistakes include:

Most states have a "zero-tolerance" policy when it comes to DUIs if the driver is under 21. That means the legal limit is lower than what is permitted for drivers who are of legal drinking age.

Some states put the under-21 blood alcohol limit at 0.01% or 0.02% to account for too much mouthwash, rum-soaked cake, or whatever your excuse is. But Arizona gives no such mercy.

When Arizona's law says zero tolerance, that means the acceptable BAC for an under-21 driver is zero. That's a far cry from the limit for someone who's over 21.