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Arizona Dui Laws – You Don’t Have To Be Drunk To Get A Dui!

Did you know in the state of Arizona, you could be charged with a DUI, even if your blood alcohol content (BAC) is below 0.08? The 0.08 is only one of a number of measurable standards that can be used to justify charging someone with a DUI.  If you are stopped, and tested for a DUI, and your BAC is not 0.08 or greater, you can still be charged with a DUI– In Arizona it’s called being “Impaired to the Slightest Degree”.

You can actually be charged if you are stopped for a minor traffic violation. Say you are stopped, and during questioning, or  for some other reason, the police officer learns you have been drinking or even taking medication, prescribed legally by a physician. You can still be charged with a DUI–a serious offense in Arizona. Many do not realize that they can be stopped or charged with a DUI, even if they have not had a drink, but may simply be on a prescription medication, or had just one drink or a combination of both, that causes an impairment in their ability to drive…even if it is a minimal impairment.

To add insult to injury, you should also know that if your BAC is 0.08 or greater, (which in and of itself justifies getting a DUI), you will actually be charged with two counts or two DUI charges in one DUI stop: 1) Impaired to the Slightest Degree and 2) BAC 0.08 or greater, which is above the legal limit.

It can easily happen to anyone, anytime, anywhere. Don’t allow the old adages, such as “I can handle my liquor” or “I won’t get a DUI, I just had one drink”, to give you a false sense of security, at least not in Arizona anyway.

Safe rules of thumb: 1) Be sure you know the laws of your state regarding DUI. 2) If you have taken medication that can cloud your judgment, cause drowsiness, or there is a warning on the label of the bottle don’t chance it behind the wheel, even if you have only had only one or a few drinks. 3) If you have to ask yourself “Am I OK to drive?” Then you probably are better off taking a taxi ride or calling a friend or family member to drive you home.  The cab fare or gas money for a friend is a lot less expensive, much safer for you, your passengers, or others on the road, and a lot less life altering than getting a DUI or getting in an auto accident. Don’t gamble with your future. Be smart…Give up the car keys.

For more information and to view DUI educational videos visit http://www.azduilaws.com.

California DUI Law And Penalties

Remember, an experienced California DUI/DWI attorney can help reduce or dismiss the consequences you may face if you are charged with a DUI. If you were charged with a DUI, you will likely be charged with two separate counts of DUI depending on your Blood Alcohol Content: 23152(a) for driving under the influence of alcohol, and a separate charge, 23152(b) for driving under the influence of alcohol with a BAC of .08 or more. An experienced DUI attorney will fight to dismiss at least one of the charges against you.

The following is a summarization of California Vehicle Code §23152. The full text of the law is included at the end of this section.

DUI PENALTIES

First Time Offenders (Misdemeanors) – In California, a first time DUI conviction carries a sentence of at least 96-hours and up to six (6) months of jail time. In addition to the jail time, California law imposes a fine of 0 – ,000 plus penalty enhancements.

New law effective July 1, 2010 – if you received a DUI in LA County, Tulare County, Sacramento County or Alameda County, the DMV will require you to install an IID for five months or more, per California Vehicle Code 23700.

Second Time Offenders (Misdemeanors) – In California, drivers who have had two (2) DUI violations within 10 years of each other are sentenced to a minimum of 90 days and up to one-year in the county jail. The court will also issue a fine of 0 – ,000 plus penalty enhancements.

Third and Subsequent Offenses (Misdemeanors) – In California, if a driver is convicted of a third DUI violation within 10 years, the law imposes a sentence of not less than 120 days and not more than one year in county jail. There is also a fine of 0 – ,000 and the offending driver will have his license revoked plus penalty enhancements.

Additional Sentences – If a person guilty of a DUI injures one other person, the prison sentence is escalated from 90 days to one year of jail time plus penalty enhancements.

If a person guilty of a DUI injures more than one other person, the prison sentence is increased by one-year for each injured person up to a maximum of three (3) additional years.

If a person guilty of a DUI injures has a minor (under the age of 14) in the vehicle when he is arrested, the court may, at its discretion, enhance the punishment by:

Adding an extra 48 hours of continuous jail time for the first offense;
Adding an extra 10 days for the second offense;
Adding an extra 30 days for the third offense; and
Adding an extra 90 days for all subsequent offenses.
FIRST TIME OFFENDER PROGRAM

In California, first time offenders whose BAC was below 0.20, may be ordered to participate in an alcohol abuse program that is at least three (3) months long. The program must involve at least 30 hours of education, group counseling, and individual counseling sessions.

If the BAC is above 0.20, the program must be at least nine (9) months long and involve at least 60 hours of education, group counseling, and individual counseling sessions.

Also, you may be required to place an Ignition Interlock Device on any vehicle you drive

LICENSE SUSPENSION

In California, a person convicted of a DUI will have their license suspended until they have successfully completed the programs described above. Fortunately, a restricted license may be available after a 30 day initial suspension period.

IGNITION INTERLOCK SYSTEM (IID)

In some instances, and at the Court’s discretion, the person convicted of a DUI may have an Ignition Interlock System attached to their vehicle. This system will test the driver’s breath for alcohol and prevent ignition if there is any alcohol on the breath. This system may be attached for up to three years.

New law effective July 1, 2010 – if you received a DUI in LA County, Tulare County, Sacramento County or Alameda County, the DMV will require you to install an IID for five months or more, per California Vehicle Code 23700.

CHEMICAL TEST REFUSAL

While California does not require people suspected of being under the influence to submit to a chemical test, anyone that refuses these tests must be aware that their penalties may be enhanced in the following ways:

First Conviction – An additional 48 hours jail time
Second Conviction – An additional 96 hours jail time
Third Conviction – An additional 10 days jail time
Subsequent Conviction – An additional 18 days jail time
CALIFORNIA VEHICLE CODE § 23152

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

Los Angeles DUI Attorney – Minimum and Maximum DUI Penalties

www.WeDoDUI.com Los Angeles and Orange County DUI Defense Attorney Nigel Witham goes over the penalties associated with DUI convictions.Gold and Witham, Attorneys at Law handle all Drunk Driving and Driving Under the Influence cases including DUI, Felony DUI, DUI Auto Accidents, DMV Hearings, Multiple DUIs, Drugs and Expungements. You can contact Mr. Witham by calling (877) We-Do-DUI.

DUI Defense Lawyer Arturo Gutierrez explains the range of penalties for a DUI conviction. The Law Offices of Gutierrez Curtis & Gutierrez handles all aspects of DUI including DMV Hearings, Drug DUI, Driving on a Suspended License, Second and Third DUI Offenses, Felony DUIs and more throughout Los Angeles County, California including Santa Monica, Burbank, Van Nuys and Hollywood as well as all parts of Ventura County. You can contact Mr. Gutierrez at www.gcglawdui.com or by calling 888-738-5834.
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