Understanding Arizona DUI Laws And Defense Strategies
Arizona has strict laws to discourage individuals from driving under the influence (DUI) of alcohol or drugs. Violators face severe penalties and getting arrested for a DUI in Arizona can be a stressful experience. The legal and procedural aspects of a DUI case can be quite confusing. This article attempts to explain Arizona DUI laws and introduces some potential defense strategies.
Arizona DUI Laws
Arizona uses a system of grading DUI offenses based on the blood alcohol concentration (BAC) level in the driver’s body at the time of arrest. The law identifies three main levels of DUI offenses.
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Standard DUI: A standard DUI involves a driver operating a vehicle with a BAC of 0.08% or more. For commercial vehicle drivers, the limit is a BAC of 0.04%. Penalties can include jail time, fines, and license suspension.
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Extreme DUI: An Extreme DUI refers to a BAC level of 0.15% or more. Penalties are harsher, including longer jail sentences and higher fines.
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Aggravated DUI: An Aggravated DUI applies when a driver commits a third DUI offense within 7 years, or is caught driving under suspension, or if there is a child under 15 years in the vehicle while DUI. It is a felony with severe penalties including prison time.
DUI Defense Strategies
There are several defense strategies a defendant can use to fight a DUI charge. Any DUI charge is a serious matter and it is wise to engage an experienced criminal defense lawyer in Tucson to handle the case.
Improper Stop – This is a common strategy where the defense argues that the police did not have reasonable cause to initiate the traffic stop.
Questioning the Accuracy of the Field Sobriety Test – Field sobriety tests are not 100% accurate. Conditions such as illness, injury or poor coordination can influence the results. The defense can use these factors to question test reliability.
Questioning the Accuracy of BAC Results – Equipment used to administer the breath test can sometimes have calibration issues or operational errors leading to inaccurate results. The defense can potentially challenge the validity of the BAC results by questioning the accuracy of the tools used.
Alternative Explanation to Symptoms – Common symptoms such as red eyes, slurred speech, or a lack of balance can be a result of fatigue, allergies, or medication side effects, rather than intoxication.
Conclusion
Understanding Arizona DUI laws and potential defense strategies can make the legal process less intimidating if you or loved ones are facing DUI charges. Engaging a seasoned criminal defense lawyer in Tucson is crucial to present the best possible defense. The lawyer’s expert knowledge of the legal system can provide significant advantages in fighting any charges.