What is Driving Under the Influence (DUI) - 28-1381 - AZ DUI Team

Arizona's DUI Law / Statute is located under Title 28.

Arizona Revised Statute 28-1381 states:

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree; or

 If the person has an alcohol concentration of 0.08 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; or

While there is any medication or drug defined or its metabolite in the person's body; or

If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more


This is a Class 1 Misdemeanor, and a conviction requires a minimum sentence of one day in jail, a minimum of approximately $1,500 in fines and fees, and Ignition Interlock Device, treatment and counseling, and a suspended license.


Having an experienced DUI Defense Lawyer on your side can make a huge difference in fighting these charges.

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in Phoenix, Tempe, Scottsdale, Mesa, Chandler, Glendale, Ahwatukee, or any other city in Maricopa County, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:

602-DUI-Team 

(602-384-8326)

www.AZDUITeam.com

Can I Plea Guilty to Something Other Than a DUI? - Experienced DUI Defense Lawyer - AZ DUI Team

Even a first time DUI charge can lead to sever consequences.  If convicted, you could be looking at anywhere from one day in jail to six months in jail.  There are mandatory fines and fees that go anywhere from around $1,500 to nearly $5,000.  Not to mention the impact on your license / privilege to drive.

DUIs in Arizona are horribly harsh.

So a common question is, "Is there something else I can plea guilty to that isn't a DUI?"  The answer is maybe, and this is why it is important to have an Experienced DUI Defense Lawyer.

There are some cities where it is possible to be charged with a DUI, yet be able to plea guilty to to something other than DUI.  An Experienced DUI Defense Lawyer can potentially negotiate a "Reckless Driving" plea agreement in certain cities, which does not require jail time, and can come with far fewer fines and fees.

Here is the catch.  In 99.9% of the situations, it is in the client's best interest to have a Reckless Driving conviction rather than a DUI conviction.  However, it is that .1% of the time that can be devastating.

In one recent situation, it could have meant the difference between a few days in jail, and at least 12 years in prison.

This is why it is important to talk to an Experienced DUI Defense Lawyer, to walk you through the obstacles that the general public - and many other lawyers - just aren't aware of.

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in Phoenix, Tempe, Scottsdale, Mesa, Chandler, Glendale, Ahwatukee, or any other city in Maricopa County, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:

602-DUI-Team 

(602-384-8326)

www.AZDUITeam.com

28-1381

If you are charged with 28-1381, you are charged with a Regular DUI in a City Court, Justice Court, or Superior Court in Arizona.

28-1381 is a Class 1 Misdemeanor DUI, and requires proof of the following:

1) You were driving or in Actual Physical Control of a vehicle; and

2) Your ability to drive was impaired to the slightest degree by the consumption of alcohol, and/or drugs (including medication), and/or vapor releasing substances 

OR

2) While there is any drug or its metabolite in your body

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in Phoenix, Tempe, Scottsdale, Mesa, Chandler, Glendale, Ahwatukee, or any other city in Maricopa County, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:

602-DUI-Team 

(602-384-8326)

www.AZDUITeam.com

602 DUI Team

If you were wondering what that billboard was that advertised 602-DUI-Team (602-384-8326), it was an advertisement for the AZ DUI Team.

The AZ DUI Team is a  group of highly trained and talented DUI Lawyers who zealously represent individuals charged with DUI


The AZ DUI Team Attorneys are accomplished DUI Trial Lawyers - each with their own private practice - who are experienced in handling both Felony and Misdemeanor DUI cases.


Each Lawyer on the AZ DUI Team has handled approximately 1,000 DUI, Criminal, and Vehicular-Related cases, and each will aggressively protect your rights in front of a judge or jury. 

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in Maricopa County, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:

602-DUI-Team 

(602-384-8326)

www.AZDUITeam.com

602-DUI-Team / 602DUITeam - Experienced DUI Defense Lawyer - AZ DUI Team

If you were wondering what that billboard was that advertised 602-DUI-Team (602-384-8326), it was an advertisement for the AZ DUI Team.

The AZ DUI Team is a  group of highly trained and talented DUI Lawyers who zealously represent individuals charged with DUI


The AZ DUI Team Attorneys are accomplished DUI Trial Lawyers - each with their own private practice - who are experienced in handling both Felony and Misdemeanor DUI cases.


Each Lawyer on the AZ DUI Team has handled approximately 1,000 DUI, Criminal, and Vehicular-Related cases, and each will aggressively protect your rights in front of a judge or jury. 

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in Maricopa County, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:

602-DUI-Team 

(602-384-8326)

www.AZDUITeam.com

Can I Be Convicted of DUI When I Had Stopped Driving / While Parked? Experienced DUI Defense Lawyer - AZ DUI Team

The answer to this is "Maybe."  It really depends on how good your DUI Lawyer is.

This type of situation is one of the best cases to argue, and it is one of the most important types of cases in which to have an Experienced DUI Defense Lawyer.

If you had properly parked your vehicle, it should be impossible to be convicted of "Driving" Under the Influence.  

However, under Arizona DUI law, a person may be convicted for Driving OR Being In Actual Physical Control of a Vehicle.

What does this mean... neither the Courts, nor the law itself, has given an absolute description.

Here is what the jury will consider in the situation where a person was in the driver's seat of a car, but was not seen driving:

• Whether the vehicle was running
• Whether the ignition was on
• Where the ignition key was located
• Where and in what position the driver was found in the vehicle
• Whether the person was awake or asleep
• Whether the headlights were on
• Where the vehicle was stopped
• Whether the driver had voluntarily pulled off the road
• Time of day
• Weather conditions
• Whether the heater or A/C was on
• Whether the windows were up or down
• Anything else that may be relevant

In Arizona, there is an argument that can be made separately to the judge and the jury, and it basically goes like this:  

There is a societal interest in people getting off the roadway and sleeping off the drunkenness or impairment.  If these responsible people who decide that they should not be driving because they have had too much to drink, or their medication is unexpectedly impairing them, is at risk of getting arrested for DUI because they leave themselves out in the open, the system is encouraging people to continue driving impaired in order to get home where they won't be hassled by officers... and maybe even drive faster so they are on the road for less time.

People may have made a mistake by drinking too much, or taking too much medication or at the wrong time, but a person who is responsible enough to realize that they are too impaired to drive should not be punished for doing the right thing and pulling off the roadway in an attempt to sober up.

Not every Attorney realizes that this is a complete defense.  That is why it is important to get an Experienced DUI Defense Lawyer who knows the ins and outs of the system.

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in Maricopa County, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:

602-DUI-Team 

(602-384-8326)

www.AZDUITeam.com

Can I Get Charged / Convicted of DUI When I Was Only Taking My Prescription Medication? Experienced DUI Defense Lawyer - AZ DUI Team

This is becoming a more and more common question, and, unfortunately, the answer is Yes and Yes:  a person can be charged and convicted of DUI solely due to the medications they were taking.

That is why it is so important to have an Experienced DUI Defense Lawyer to handle this type of situation.

In Arizona, a person can be charged with two counts of Misdemeanor DUI solely for driving while having prescription medication in their system.  That's right.  Even if there is no alcohol, or illegal drugs, and the only thing in your system is the prescription medication that you have been taking for years.

It is can even be a Felony DUI charge if you were driving with your prescription medications, and: there was an issue with your license; or you had a child under the age of 15 in the vehicle; or it is your 3rd DUI within 7 years; or you were required to have an Ignition Interlock Device (IID) placed in any vehicle you operate... even though the IID would only test for alcohol, and has nothing to do with drugs or prescription medications.

Under Count 1, a person can be charged with driving while their ability to drive was impaired to the slightest degree by reason of being under the influence of their prescription medication.

Under Count 2, a person can be charged with driving while having any illicit substance or its metabolite in their system.

With an Experienced DUI Defense Attorney, Count 2 can very likely be dismissed by proving that you were taking your prescription medication as prescribed, but that still leaves Count 1.

The focus of Count 1 is how were you driving.  Unfortunately, in Arizona, poor driving will inevitably be blamed on the prescription medication you were taking.  Even if you were tired, or had a sneezing fit, or just zoned out, the prosecutor is going to argue it was your medication... sometimes the medication you had been taking for years.

With the right DUI Defense Lawyer, these types of cases are excellent for trial, and there is a better than average chance of winning the case.

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in Maricopa County, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:

602-DUI-Team 

(602-384-8326)

www.AZDUITeam.com