Arizona Revised Statute (ARS) § 28-1381 defines driving under the influence (DUI) as driving or being in “actual physical control” of a vehicle while impaired by drugs or alcohol. Under this, you can get a DUI charge if you are impaired to the slightest degree, have a blood alcohol concentration (BAC) of 0.08% or higher, or have certain illegal drugs in your body.
Talk with a DUI defense lawyer in Phoenix if you have been charged under ARS 28-1381. Your criminal defense attorney can answer any questions you have about this statute and how it applies to your case.
Following your DUI charge, your attorney can look for ways to protect you against a conviction. Depending on the specifics of your situation, your lawyer could negotiate a plea deal on your behalf. Or, they could argue your case in court.
What Does ARS 28-1381 Mean?
Arizona Revised Statute 28-1381 is Arizona’s primary DUI statute. It defines the reasons why you could be charged with a DUI in Arizona. Below are some of the ways that you could violate this statute:
- Impairment to the slightest degree: Per ARS 28-1381(A)(1), you can be charged with a DUI regardless of your BAC if you are found driving after you took substances that impacted your physical or mental abilities even slightly.
- The 0.08% rule: You can receive a DUI charge if you have a BAC of 0.08% or greater within two hours of driving, according to ARS 28-1381(A)(2).
- Drugs or metabolites: In alignment with ARS 28-1381(A)(3), it is against the law to drive with certain prohibited drugs or qualifying metabolites in your body.
- Commercial vehicles: Based on ARS 28-1381(A)(4), it is illegal to drive a commercial vehicle if you have a BAC of 0.04% or higher.
Speak with a Phoenix criminal defense lawyer if you are dealing with the ramifications of an arrest under ARS 28-1381. At this time, your attorney can detail the penalties that you could receive if you are convicted of a DUI in Arizona.
How Does ARS 28-1381 Define Arizona DUI Penalties?
Most DUI violations under ARS 28-1381 are prosecuted as class 1 misdemeanors. Criminal defense attorneys can provide you with information about how being convicted of a DUI could affect you now and in the future. Plus, they can describe the many penalties associated with DUIs in Arizona, such as:
- Jail time
- Fines
- Suspension of your driver’s license
- Installation of an ignition interlock device (IID) in your vehicle
- Mandatory drug and alcohol screening and education classes
- Probation
- Community service
Outside of these penalties, there are collateral consequences of Arizona DUIs to consider. These consequences can include a social stigma that damages your relationships with family and friends, the potential loss of a professional license, and difficulty finding housing or employment.
What to Do if You Have Been Charged with an Arizona DUI Under ARS 28-1381
Hire a DUI defense attorney as soon as you can after an arrest under ARS 28-1381. Your lawyer can define ARS 28-1381 in Arizona and explain the short- and long-term implications of a DUI conviction. In addition, they may help you do the following:
- Request a hearing with the Arizona Motor Vehicle Division (MVD). You typically have 15 days from the date of your arrest to ask for an MVD hearing. If you don’t request a hearing with the MVD, your driver’s license could be suspended for 90 days or longer.
- Do not discuss your case publicly. If you post content about your case on social media or speak with the prosecutor directly, you could wind up sharing information that hurts your chances of avoiding a conviction.
- Gather evidence. Your lawyer can collect video footage of your field sobriety test (FST) and arrest, breathalyzer calibration logs, witness statements, and other forms of proof. This can help your attorney lay the foundation for your legal defense.
Your attorney could negotiate a plea deal with the prosecution before your DUI case reaches trial. If no such agreement is possible, your lawyer will make sure that you are ready for Arizona DUI court.
Learn More About How ARS 28-1381 Defines Driving Under the Influence in Arizona
How ARS 28-1381 defines an Arizona DUI is something to consider as you try to contest a driving under the influence charge. With help from criminal defense attorneys who have DUI case experience, you may be well-equipped to defend against a criminal conviction under ARS 28-1381.
The team at Suzuki Law Offices includes a former federal prosecutor and other legal professionals who prioritize the rights of our clients. Along with this, we have years of experience and have earned hundreds of five-star reviews.
Our attorneys strive to treat our clients like you’d treat your family. If you have been charged with a DUI, we can provide insights into how Arizona defines a DUI under ARS 28-1381 and other legal topics. To find out more, request a case consultation.
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