What Are The Top Defenses Against Arizona DUI Charges?
If you have been charged with DUI in Arizona, don’t just assume that you will be found guilty. And, just because you were charged doesn’t mean that you are guilty. You need to enlist the help of an Arizona DUI attorney who knows the top defenses against Arizona DUI charges. For you to be found guilty of DUI in Arizona, the government must prove its case beyond reasonable doubt. Each element of the offense must be met. If you are facing misdemeanor DUI charges in Arizona, the government will usually place different charges because one act can result in different kinds of DUI violations.
According to ARS 28-1381, which refers to driving while impaired to the slightest degree. For the first violation of this offense, the government must prove a couple of things to show you are guilty. Those things include:
- You had actual physical control of the vehicle or you were driving it and
- You were impaired to the slightest degree. This impairment can result from drugs, either prescription or illegal, liquor, or any other toxic vapor or substance.
If you are facing your second offense driving while impaired to the slightest degree, which involves a blood alcohol concentration (BAC) higher than .08, law enforcement must prove:
- Your BAC was definitely higher than .08 and
- That you had actual physical control of the vehicle or you were driving it.
If you are charged with extreme DUI, the government must prove the basic elements that were listed above as well as your BAC was higher than .15 or .2. This can be done with any chemical test for drugs and alcohol.
While you can only be punished once, the government will charge you with as many counts or offenses as possible. As an example, if an individual was driving with a BAC higher than .08 and also has illegal drugs in his or her system, you could face all three charges previously mentioned because your act covered each element of all three offenses. To convict you, the government would have to prove each element to the jury without reasonable doubt. If you are convicted of one of the charges, you will still face the same penalties.
What Penalties Are Faced For An Arizona DUI Conviction?
If you are charged with a misdemeanor DUI, it is a Class 1 Misdemeanor. The maximum penalty for being convicted of a Class 1 Misdemeanor is a $2,500 fine plus a surcharge and up to six months in jail. The penalties you face for an Arizona DUI charge is both complicated and extensive. Usually, you will face a minimum of a day in jail for a first-time offense with a BAC of less than 08. The penalties can be much harsher and if you face other charges, it can become more expensive and result in more jail time.
What Are Some Effective Defenses Against Arizona DUI Charges?
You can beat DUI charges in Arizona. If you are facing DUI charges, you should consult with an Arizona DUI attorney. Here are some of the most common defenses for Arizona DUI charges.
You were not impaired to the slightest degree. The tests that are used to determine if you are intoxicated is often one-sided. Often, a sober person who has physical or mental limitations might have difficulty passing the test. The threshold has also gotten lower to determine who is impaired.
Your BAC did not exceed the limits, which are .08, .15, or .20. The two main ways that BAC tests are performed are by breath or blood. Each kind of test can have its downfalls. Incorrect procedures can be followed during testing or other mistakes could have been made. Your Arizona DUI attorney will help you throughout the process.