Just about everyone in
is charged with two or more counts of Misdemeanor or Felony DUI. It is two or more ways the
prosecutor can try to prove you guilty at trial. Arizona
Count 1 alleges that you were driving or in actual physical control of a vehicle while your ability to drive was impaired to the slightest degree by the consumption of alcohol, and/or the use of drugs, medications, or vapor releasing substances.
Count 2 alleges that you were driving or in actual physical control of a vehicle while you had a Blood Alcohol Content of .08 or more within two hours of driving, or you had any illicit substance or its metabolite in your system.
Count 1 is more factual, Count 2 is more scientific.
Both charges are alternate counts to one another, which means that even if you were convicted of both counts, you would have one punishment, and one conviction on your record (for all intents and purposes).
What would make Counts 1 & 2 an Aggravated DUI offense (Felony), is if your license to drive was suspended, revoked, cancelled, refused, or restricted; or if it was your 3rd DUI within 7 years; or you had a child under the age of 15 in the vehicle; or you were ordered to have an Ignition Interlock Device placed on any vehicle you operate.
If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in
, it is important
to talk to an Experienced DUI Defense Lawyer as soon as possible. Maricopa
Contact the AZ DUI Team for a Free Consultation: