DUI

Just because you were arrested for DUI, doesn't mean there are no legal issues in your case.  Chelsie Talcott is experienced in evaluating DUI investigations, interviewing officers, and poking holes in the State's case.

 

Important issues to examine are:

 

  • Was there a legal basis to stop you?

  • Can the State prove you were driving or in actual physical control of the vehicle?

  • Did the officer administer tests properly?

  • Did the officer gather evidence properly?

  • Were there any constitutional violations?

  • Were there any breath and/or blood testing errors?

  • What defenses can be presented?  

Chelsie Talcott will negotiate for a plea agreement with reduced charges and penalties, if desired.  If a plea agreement is not desired, Chelsie Talcott has effective trial advocacy skills for fighting your case at trial.  

Arizona has multiple levels of misdemeanor DUI charges.  For any misdemeanor DUI offense, the maximum sentence the court may impose is 6 months jail (180 days), $2,500 fine plus surcharge, and up to 5 years of probation.  Each level of DUI has certain mandatory minimum penalties by law.

DUI - Impaired to the Slightest Degree 

Class 1 misdemeanor

Most people are aware of the "legal limit" of .08 BAC in Arizona.  However, this can be misleading because a person does not have to have a BAC over .08 in order to be charged with a DUI.  Arizona Revised Statute §28-1381(A)(1) makes it a crime to drive or be in actual physical control of a vehicle while impaired to the slightest degree from any intoxicating liquor, drug, vapor releasing substance containing a toxic substance or any combination of the same.   

DUI Over .08

Class 1 misdemeanor 

Arizona Revised Statute §28-1381(A)(2) states that it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of .08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

Under this charge, there is no requirement that the State prove that a person is impaired; rather, they only have to prove a person was driving or in actual physical control with a BAC over .08 within two hours.

Extreme - BAC Over .15 but less than .20

Class 1 misdemeanor 

Arizona Revised Statute §28-1382(A)(1) states that it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of 0.15 or more but less than .20 within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

Super Extreme - BAC Over .20

Class 1 misdemeanor 

Arizona Revised Statute §28-1382(A)(2) states that it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of more than .20 within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

DUI - Drugs

Class 1 misdemeanor

 

Arizona Revised Statute §28-1383(A)(3) states it is unlawful for a person to drive or be in actual physical control of a vehicle while there is a drug defined in  A.R.S.  §13-3401 or its metabolite in the person's body.  The prohibited drugs include illegal drugs like marijuana, cocaine, methamphetamine, and heroin, as well as prescription medication that was not prescribed.

 

Many people are surprised to find out that they can be charged with a DUI after taking their legally prescribed medication.  A person using a drug as prescribed by a licensed medical practitioner, who is authorized to prescribe the drug, is not guilty of the charge DUI Drug charge pursuant to §28-1383(A)(3); however, the person is usually still charged with A.R.S.  §28-1381(A)(1) DUI-Impaired to the Slightest Degree (outlined above).    

2nd DUI 

A second DUI within 84 months (7 years) significantly increases the mandatory minimum penalties for levels of DUI outlined above.

Aggravated DUI

There are four ways to commit Aggravated DUI in Arizona.  A DUI can become a felony when a person commits any of the DUIs outlined above AND:

  • His or her driver's license or privilege to drive is, for any reason, suspended, canceled, revoked, refused (or restricted pursuant to prior DUI), or

  • Drives without an ignition interlock while required to have an ignition interlock, or

  • Has a child in the car under 15 years old, or

  • Commits a third DUI within 84 months (2 prior conviction.

DUIs are a complicated area of law.  It is important to contact an experienced attorney to represent you.  Chelsie Talcott has represented hundreds of people charged with DUIs and is very familiar with the legal issues and penalties.

CONTACT US FOR A FREE INITIAL CONSULTATION

We are available 24/7. 

Phone:  602-595-5222

E-mail:  Chelsie@thetalcottlawfirm.com

Or complete the form below to set up a convenient time to discuss your case. 

Disclaimer:  The information on this website is intended to be informational only, and it is not intended to be legal advice for a specific case.  It does not establish an attorney-client relationship.  Readers should not act upon any information on this website without seeking the advice of counsel. 

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