Driving under the influence (DUI) can have serious ramifications that can affect your life for years. Alcohol-impaired driving with a blood alcohol concentration (BAC) over the legal limit can result in harsh penalties including possible jail time and hefty fines. Arizona is a no-tolerance state for DUI, meaning you will be arrested if you have a BAC beyond the legal limit.
If you have been arrested for drunk driving, contact an experienced Peoria DUI defense attorney immediately. A JacksonWhite criminal attorney will conduct a thorough investigation of the facts surrounding your arrest and execute a strong defense on your behalf.
DUI Laws in Peoria
In Arizona, DUI laws prohibit any motorist from operating a motor vehicle with a BAC of .08% or more, which is equivalent to about four or five drinks. The state also prohibits motorists from driving under the influence of alcohol if the driver is impaired even to the slightest degree.
When it comes to underage drivers, the law is even more strict. Arizona’s “not-a-drop” law states that it is illegal for motorists under the age of 21 to drive after drinking any amount of alcohol. Unlike a standard DUI crime, an underage violation does not require proof of the driver’s BAC.
Arizona also has laws in place that make it possible to get a DUI without actually driving a vehicle. The law states that a person under the influence cannot have “actual physical control” of a motor vehicle with a BAC over the legal limit. Having actual physical control may suggest that the vehicle was running, the individual was in a position equipped for driving, or that the headlights of the vehicle were on. A judge or jury may also consider whether the driver was awake or asleep and where the vehicle was stopped or located.
If you are pulled over for suspicion of drinking and driving, law enforcement may ask you to consent to a breath or blood test. If you refuse, you could face even steeper charges. Failure to consent to a breath or blood test could result in your license being suspended for a one-year period.
DUI Penalties in Peoria
Penalties for a DUI will depend on several factors, such as your age, BAC, and whether or not it was your first offense. For first-time offenders, the penalty often consists of no less than 10 consecutive days of jail time, as well as a fine of no less than $1,250. The offender will also be required to attend an alcohol education and/or treatment program, and perform community service. Any vehicles you operate will also be equipped with a certified ignition interlock device.
If you are a repeat offender, you will be jailed for no less than 90 days and face a fine of no less than $3,000. Your license will also be revoked for one year and you will need to attend an alcohol education and/or treatment program. In addition, you will be required to perform community service and any vehicles you operate will be equipped with a certified ignition interlock device.
If your BAC was 0.15 or higher at the time of your arrest, it is considered an extreme DUI and the penalties will be harsher. A first-time offender will be jailed for no less than 30 consecutive days and face a fine of no less than $2,500. For repeat offenders, the penalty is jail time of no less than 120 days and a fine of no less than $3,250. All offenders will also need to undergo an alcohol education and/or treatment program, as well as perform community service.
If you are arrested for a DUI and it is discovered that your license has been revoked, suspended, or canceled, it is known as an aggravated DUI. It is also an aggravated DUI if you commit a third DUI within 84 months, if you commit a DUI with a person under age 15 in the vehicle, or if you refuse to submit an alcohol content test while having an ignition interlock device in your vehicle. The penalty is prison for up to two years, your license will be revoked for one year, and you may face additional consequences.
Defenses for DUI in Peoria
A Peoria DUI defense attorney may recommend a number of defenses based on the unique circumstances surrounding your case. The “sleeping-it-off” defense is one of the most common and is used to establish that the alleged offender was not in actual physical control of the vehicle leading up to the arrest and that he or she was simply “sleeping it off.”
Other common defenses may include no reasonable suspicion to stop, denial of the right to counsel, no probable cause to arrest, violation of Miranda rights, inaccuracy of the breath testing device, deficiencies in blood alcohol testing, subtractive retrograde (“rising BAC defense”), or denial of independent test.
JacksonWhite Law in Peoria, Arizona
JacksonWhite Law has been serving clients in Peoria, Arizona and the surrounding areas since 1983. Our experienced and highly-qualified Peoria criminal defense attorneys offer a full range of legal services and have helped countless clients facing DUI convictions acquire the legal guidance and defense they deserve.
If you have been arrested for drunk driving, it is important to act fast to protect your future. Speak with one of our criminal law attorneys at our Peoria location today about your case.
Call the Peoria JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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