Just about everyone in Arizona
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.
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 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)
Very informative post thanks for sharing.
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