Sobering Facts - AZ DUI Laws

Some facts to remember this holiday season.

Paul forwarded me the current AZ DUI laws, and boy was I shocked how strict they are! I am happy to say I've never been pulled over while under the influence, but I have gotten behind the wheel after a glass of wine or two (and more in my younger days). If the danger of drinking and driving isn't enough to stop and make you think twice, read the AZ laws below. If you're not from AZ, I suggest you find out what your state laws are, since I can't imagine they'd be much less strict. If anything, they may be more.

Standard DUI: BAC over 0.08 (three drinks for most men and two drinks for most women)
• Mandatory jail time of 10 days - No plea bargaining (second offense - 30 to 90 days)
• Mandatory suspension of driver's license for 90 days (second offense - one year)
• Mandatory installation of ignition interlock device in car for one year (Cost: $1,000 plus $100 per month)
• Court fees - $1,500 (second offense - $3,000), points, increased insurance, attorney fees, etc.

Extreme DUI: BAC over 0.15
• Mandatory jail time of 30 days - No plea bargaining (second offense - 60 to 120 days)
• Mandatory suspension of driver's license for 90 days (second offense - one year)
• Mandatory installation of ignition interlock device in car for one year (Cost: $1,000 plus $100 per month)
• Mandatory alcohol monitoring - 30 days (second offense - 90 days plus 30 days of community service)
• Mandatory vehicle impoundment - 30 days
• Court fees - $2,500 (second offense - $5,000), points, increased insurance, attorney fees, etc.

Super Extreme DUI: BAC over 0.20
• Mandatory jail time of 45 days - No plea bargaining (second offense - 180 days)
• Mandatory suspension of driver's license for 90 days (second offense - one year)
• Mandatory installation of ignition interlock device in car for 18 to 24 months (Cost: $1,000 plus $100 per month)
• Mandatory alcohol monitoring - 30 days (second offense - 90 days plus 30 days of community service)
• Mandatory vehicle impoundment - 30 days
• Probation - 0 to 1 year (second offense - 0 to 5 years)
• Court fees - $3,000 (second offense - $6,000), points, increased insurance, attorney fees, etc.

Felony DUI - 0.08 or above but with a MINOR in the car less than 16 years old
• Felony charge!
• Mandatory jail time of 30 days - No plea bargaining
• Suspended driver's license for three years
• Ignition interlock device - Installed in car for 18 months or possible loss of car ($1,000 plus $100 per month)
• Fees (up to $150,000), points, increased insurance, attorney fees, etc.
• Possible probation for up to 5 years

Note: If a person under 21 is pulled over and they have had ANY alcohol (even the day before they turn 21), they would be subject to the above rules plus will loose their drivers license for a minimum of two years with no plea bargain available and it will be on their record for 7 years.
Here is the even scarier part - it does not take that much to blow an 0.08!

Other facts:
• This BAC is not affected by whether a person can handle alcohol. It is a chemical formula based on your blood content, not how you act.
• A person can get a DUI with lower than 0.08 BAC if they fail the field sobriety test
• The BAC is at it highest 2 hours after the last drink is taken. The BAC will not start going down until 2 hours after the last drink (i.e . stalling at the police station will probably not help).
• The police officer said that they are starting to see a very high incidence of woman DUI after social lunches.
• The most common infraction people are pulled over for, especially at night, is the wide left or right turn
• When the police department has a DUI task force in place in an area, they will basically pull everyone over that is driving through the area ( i.e. regardless of whether a driver did something wrong). If they do not smell alcohol on your breath, they will give the driver a verbal warning. If they smell alcohol, they will say you were weaving.

Here is the advice from the DUI defense lawyer (besides don't drive even after you drink).
If you are ever pulled over and the officer asks you to get out of the car, there is a 90 to 95% chance you will be arrested unless you have had nothing to drink. The premise is he would not have asked you to get out of the car unless he suspected you were drinking or on drugs. The main purpose of the field sobriety test and the questioning (every question) is designed to gain evidence on you that you were "even slightly impaired".

As an example, you could fail the field sobriety test, go to the substation and blow a 0.06 and still get a DUI because they have proved that you were slightly impaired. The field sobriety test is very very difficult to pass even with no drinks. In addition it is a subjective test and no one knows, except the police officer, what really happened.