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.
Call the Peoria JacksonWhite Criminal Law team at (480) 372-9090 to discuss your case today
DUI Laws in Peoria
Arizona DUI laws forbid any motorist from operating their motor vehicle with a blood alcohol content (BAC) level of.08% or above, which equates to about four or five drinks consumed over time. Furthermore, any impairment at all causes impairment based driving laws to be applied accordingly.
Arizona’s “not-a-drop” law stipulates that anyone under 21 cannot operate their motor vehicles after having consumed any amount of alcohol; unlike standard DUI charges, an underage violation does not require proof of the driver’s BAC level.
Arizona law also makes it possible to get a DUI without actually driving a vehicle, based on “actual physical control.” A person under the influence is defined as having any control of an engine vehicle with a blood alcohol concentration over legal limit (BAC), including being in position and equipped for driving or having turned on headlights of their motor vehicle. A judge or jury may also consider whether or not the individual was awake when driving and where the vehicle had stopped or been located.
When stopped for suspected drinking and driving, law enforcement may request you submit to a breath or blood test for analysis. Refusal could lead to additional charges being levied against you as well as your license being suspended for one year period.
DUI Penalties in Peoria
Penalties for DUI offenses in Peoria depend on several factors, including your age and blood alcohol concentration (BAC), as well as whether it is your first or subsequent offense. Unfortunately, your content contains some inaccuracies which made me revise it to ensure legal accuracy:
First-time DUI offenders typically face penalties consisting of 24 consecutive hours in jail, a fine of at least $250 and license suspension for 90 days. Furthermore, they will likely need to complete an alcohol education and/or treatment program, install an ignition interlock device on any vehicles they operate and may even have community service requirements assigned.
Repeat DUI offenders face harsher punishment. A second DUI offense within seven years of their first offense can incur at minimum 30 days in jail and at minimum $500 fine as well as license suspension for one year. They will also need to complete alcohol education/treatment programs/community service hours/and use an ignition interlock device.
Extreme DUI offenses with a blood alcohol content (BAC) of 0.15 or higher result in harsher penalties. A first time offense results in at least 30 consecutive days in jail and a fine of at least $2,500 as well as license suspension for 90 days, mandatory alcohol education/treatment programs/community service hours, ignition interlock device installation. Repeat offenses will incur at least 120 days imprisonment with additional fines (at least $3,000 each time), suspensions of at least 90 days license suspension time frame and additional penalties.
Aggravated DUI can apply in various circumstances, including driving with a suspended or revoked license; committing multiple DUI offenses within 84 months; driving while under the influence with someone aged 15 or under in the vehicle; refusing an alcohol content test while having an ignition interlock device installed in their car; and failing an alcohol content test during an ignition interlock test session. Penalties for such behavior could range up to two years of imprisonment plus license revocation for one year as well as other possible outcomes.
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.
Address: 16165 N. 83rd Ave, Suite 200
Peoria, AZ 85382
Call the Peoria JacksonWhite Criminal Law team at (480) 504-6476 to discuss your case today.
