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There are two elements to an Arizona DUI
/ DWI offense – driving while impaired, and violating the state’s "per
se" law. Per se is another way of saying that the driver had a blood
alcohol content (BAC) of .08 percent or greater within two hours of
driving.

Drivers with a blood alcohol content
of .15 percent or greater within two hours of driving will face an
“Extreme DUI” charge. Drivers under age 21can be charged with DUI or
DWI if they are caught driving after having consumed any amount of
alcohol.
Arizona DUI / DWI arrests are
typically charged as misdemeanors unless the accused has two or more
DUI / DWI priors in any state within 5 years of the current offense.
The offense also will be charged as a felony if the driver committed
the DUI / DWI offense while driving privileges were suspended or
revoked or there was a child under the age of 15 was in the car at the
time of arrest.
DUI cases are tried to a jury of six
people, or to a judge if the accused waives his or her right to a jury
trial. The punishment for drunk driving in Arizona depends on the
number of priors on the driver’s record and whether the offense is
charged as a misdemeanor or a felony.
Motorists convicted of drunk driving
face jail time, fines, and license suspensions. Drivers convicted of
felony DUI / DWI can be sentenced to prison and fined up to $100,000.
Because the consequences can be so severe, it’s critical to have an
experienced drunk driving criminal defense lawyer fighting for the
driver’s rights.
An Arizona DUI / DWI arrest also
generates a case with the state Motor Vehicle Division. A motorist
arrested for driving under the influence in Arizona has only 15 days
from the date of arrest to request an MVD hearing. If the driver loses
the hearing or fails to request one, his or her license will
automatically be suspended.
Under the state’s implied consent law,
anyone who drives in Arizona agrees to consent to a test of their
blood or breath for alcohol content, and the arresting officer has the
discretion to choose which test to administer. If the accused refuses
to take a chemical test of their blood or breath, their license will
be suspended for one year if a first offense, or two years if a second
offense within five years of the first.
An Arizona DUI / DWI arrest can bring
severe consequences, so it’s imperative to have a skilled lawyer
protecting the driver’s rights. The top attorneys of 1 800 NOT DRUNK
and www.notdrunk.com will devise a specialized defense strategy
designed to avoid negative repercussions.
DISCLAIMER: No
representation is made that the quality of legal services to be
performed is greater than the quality of legal services performed by
other lawyers.
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