Attorney for Regular DUI Charges

A.R.S. § 28-1381(A)(2) – Regular DUI – 0.08 BAC

Arizona has several per se DUI statutes that create strict criminal liability for having a specific blood alcohol content (“BAC”). Whether or not the alcohol actually impaired the driver is irrelevant in a per se DUI allegation. The State only needs to prove, beyond a reasonable doubt, that a driver had a specific BAC within 2 hours of driving.

Arizona is a zero tolerance state; it prohibits driving impaired by drugs or alcohol to the slightest degree; nevertheless, Arizona also has a “legal limit” for DUI that creates strict criminal liability for having an alcohol concentration of 0.08 or more within two hours of driving. ARS 28-1381A2 creates an automatic DUI for being at, or over, 0.08 BAC.

When charged with .08 DUI under A.R.S. § 28-1381(A)(2), at a minimum, you’ll also be charged with driving while impaired to the slightest degree under A.R.S. § 28-1381(A)(1). That’s because Arizona law states that you’re presumptively impaired at 0.08 BAC. Specifically, the law states that if a driver has 0.08 or more alcohol concentration, it may be presumed that he was under the influence.

A.R.S. § 28-1381(A)(1) and A.R.S. § 28-1381(A)(2) are commonly known as “Regular DUI” charges. They’re regular to extent that they’re the least severe DUI charges and carry identical penalties. Although you can theoretically be charged and convicted of both regular DUI’s, only one sentence can be imposed by the Judge. You don’t get double punished. The maximum and mandatory minimum penalties in a “Regular DUI case” are as follows.

The Maximum Penalties for A.R.S. § 28-1381(A)(2): 0.08 BAC

  • Jail: 180 days
  • Probation: 5 years
  • Interlock Device: 12 months
  • Counseling: Alcohol Screening and Classes
  • MVD Points: 8 points and Traffic Survival School.
  • Insurance: Obtain SR-22 Insurance Policy for up to 3 years

Mandatory Minimum Penalties for A.R.S. § 28-1381(A)(2): 0.08 BAC

  • Jail: 10 days, but as little one day jail, if your DUI attorney successfully plea bargains for a suspended jail sentence with proof to the Court that you successfully completed an alcohol/drug assessment and classes.
  • Money: Approximately $2,000 in fines, fees, and jail related costs.
  • Counselling: Alcohol / Drug Screening and Classes.
  • Driver’s License: 90 day driver’s license suspension (no driving first 30 days / restricted driving last 60 days).
  • Interlock Device: As little as 6 months of having ignition interlock on your vehicle if you comply with all interlock requirements through the first 6 months, including routine device maintenance and never blowing positive alcohol readings.
  • MVD Points: 8 points and Traffic Survival School.
  • Insurance: Obtain SR-22 Insurance Policy for up to 3 years (Can Sometimes be Avoided)

If the person charged with Regular DUI was previously convicted of any DUI offense in the past 7 years (84 months), the mandatory minimum penalties increase as follows:

  • Jail: 90 days, but as little as 6 days jail and 24 days of home detention, if your DUI defense lawyer successfully negotiations for home detention with proof to the court of successful completion of an alcohol/drug assessment and classes. Home detention requires wearing either a continuous alcohol monitoring device on your ankle or blowing twice a day into a telephonic alcohol breath testing device. While on home detention, you’re allowed to go to work and necessary appointments. Unfortunately, home detention is not an option in superior or justice court. If home detention isn’t available, you must serve at least 30 days jail, but can participate in the jail’s work release program after 48 hours in jail. Work release permits you to leave jail 6 days a week, 12 hours a day.
  • Money: Approximately $5,000 in fines, fees, and jail related costs.
  • Driver’s License: Driver’s license is revoked for one year; however, after the first 45 days of the revocation, you can apply for a special restricted license, which allows you to travel to and from work, school, medical, and court related appointments so long as an ignition interlock device is installed on your vehicle.
  • Interlock Device: 1 year of ignition interlock after the 1 year license revocation.
  • MVD Points: 8 points to MVD Record and Traffic Survival School.
  • Community Service: 30 hours community service.
  • Insurance: Obtain SR-22 Insurance Policy for up to 3 years

Fighting Regular DUI charges: .08 AND Impaired to the Slightest Degree

In Defending against Regular DUI charges, there are several tactics that can be used by an experienced DUI attorney. The exact strategy is highly dependent on the circumstances of each case: the facts, evidence, charges, criminal record, police investigation, Court, and prosecuting agency all play into the DUI defense.

When facing regular DUI charges, it’s imperative to look for investigation errors, shortcoming in the State’s case, and any constitutional issues that could warrant a dismissal. A dismissal is the best possible outcome and will always be considered when defending a DUI.

Depending on the facts of your specific DUI case, there can be benefits of either going to trial or seeking a deal with reduced charges or minimum penalties. For instance, it’s often a huge benefit to obtain a reckless driving plea because it carries significantly less penalties and consequences. Negotiating for reckless driving is common in regular DUI cases. An experienced Mesa DUI defense attorney can advise you on your best course of action. Contact our team of affordable criminal defense attorneys in Arizona to get cost effective DUI representation.

Contact Tobin Law Office for a Free Consultation.

    Tobin Law Office
    1910 S. Stapley Dr.
    Suite 221
    Mesa, AZ 85204

    Phone: 480-447-4837
    Fax: 480-447-4837