AZ DUI Laws

It is a stiff felony in Tempe, AZ to commit any of the following misdemeanor DUI offenses while any of the following Arizona DUI Laws apply:

AGGRAVATED DUI PRIORS: You have 2 or more prior DUI convictions in Arizona or in another state within 60 months of the arrest.

AGGRAVATED DUI RESTRICTED LICENSE: Your privileges to drive are revoked, suspended or restricted when you are charged with DUI in Arizona.

AGGRAVATED DUI WITH CHILD IN VEHICLE: You have a child under 15 years old in the vehicle

You have just been arrested for a DUI in Tempe, AZ under Arizona DUI laws. Now you are looking at your citation, trying to understand what the heck is going on. Why are the police charging you with two or more counts of DUI when you were only arrested once?

Most Tempe, AZ DUI charges will contain a citation to ARS 28-1381 under Arizona DUI law. Usually they will contain two. Under this law, there are two common DUI charges: 1) driving while impaired to the slightest degree, and 2) driving with an alcohol content of 0.080 or higher within 2 hours of driving. Included as well are the charges of driving a commercial vehicle in Arizona with a banned BAC content, and driving with a banned drug or its metabolite in your body.

You may notice an extreme DUI charge referenced to ARS 28-1382. This is charged when your alcohol content is a 0.150 or higher within 2 hours of driving. Don't panic, just because it is an extreme DUI does not mean it is a felony under most situations.

Tempe, AZ law and Drivers License Suspension Laws is a complex web of Judge-made case-law, legislative made Statutes and Administrative Code. The law encompasses decisions both in Arizona Courts, and in other courts on a national level up to the Supreme Court of the United States. Like all Arizona DUI law, it is only good until it is amended by legislative act, or interpreted by Judges in a reported case.

A lot of people think that the drinking and driving laws in Arizona are cut and dry. This couldn't be further from reality. DUI law is fluid and living, and the next challenge to the validity of any part of the law, or the "science" that forms the backbone of most DUI evidence is always close by. Looked at from the right direction, your case probably isn't as bad as it seems.

A usual, first offense Tempe, AZ DUI arrest is a misdemeanor. Still, there are certain factors that can make even a first offense a Felony. These circumstances include:

1. The presence of a minor child in the vehicle;

2. A suspended or revoked driver's license.

Contact a DUI / DWI defense lawyer if you have any questions about your case.