Getting a DUI Is Easy; Fighting One Is Hard
There is nothing easier than getting a DUI in Arizona. In fact, you can get one without even trying! Arizona has developed a reputation as one of the toughest states in the nation in dealing with DUI, a reputation that in some cases is well-deserved. If you are stopped for DUI in Arizona, you are already in danger of facing serious consequences, whether you are “over the limit” or not. It is important to protect your legal rights and seek legal counsel when you are arrested for a crime anywhere, but it is particularly important in Arizona when you are stopped for DUI. Oswalt Law Group provides professional legal representation every day to Arizonans who are facing DUI charges.
What Is DUI?
DUI or driving under the influence is actually a set of criminal charges that can be made against someone who is driving a vehicle while impaired by a chemical substance. This substance can be alcohol, prescription drugs or illegal drugs. In fact, you can theoretically get a DUI for taking over-the-counter cold medication! Most people think only of alcohol when they hear “DUI.” However, it is important to remember that a growing number of DUI charges are made against people who have not been drinking but instead are allegedly impaired due to other substances.
What Do Arizona’s DUI Laws Actually Say?
There are quite a few myths surrounding arrests and convictions for DUIs in Arizona. Among them are:
- You cannot be arrested for DUI if you have a blood alcohol content of less than .08 percent. False! Arizona law provides that anyone can be arrested for DUI at any time with any BAC. DUI charges are based on impairment not level of blood alcohol. If an officer has reason to believe a driver is impaired, the officer can make an arrest. Where does the .08 percent BAC come into the picture? That is the level at which Arizona law allows a court to make an assumption that a driver was impaired without forcing prosecutors to “prove” impairment. This is also known as per se impairment.
- There is only one type of DUI in Arizona. False! Arizona law actually provides for four different types of DUI charges: impaired to the slightest degree, regular DUI, extreme DUI and super extreme DUI. Each type carries separate conditions and penalties.
- You can only be charged with DUI if you are pulled over for something else. False! Drivers are arrested every day for DUI at roadblocks and even while simply sitting in a parked car.
Contact Oswalt Law Group today if you have been charged with DUI.