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Types of DUI's

Driving While Impaired to the Slightest Degree

This charge is codified in A.R.S. 28-1381(A)(1), which 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.

BAC Above .08

This charge is codified in A.R.S. 28-1381(A)(2), which states it is unlawful for a person to drive or be in actual physical control of a vehicle:

If the person has an alcohol concentration of 0.08 percent 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.

Extreme DUI

This charge is codified in A.R.S. 28-1382(A), which states:

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.15 percent 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.

Note: The penalties for Extreme DUI are higher.

Super Extreme DUI

This charge is codified in A.R.S. 28-1382(A)2, which states:

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.20 percent 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.

Aggravated/Felony DUI

This charge is codified in A.R.S. 28-1383, which states:

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver's license or privilege to drive is suspended, canceled, revoked or refused, or while a restriction is placed on the person's driver's license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.

2. Within a period of 60 months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section, or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that, if committed in this state, would be a violation of section 28-1381, section 28-1382 or this section.

3. While a person under 15 years of age is in the vehicle, commits a violation of either:

(a) Section 28-1381.

(b) Section 28-1382.

In other words, a person may be guilty of aggravated DUI if that person:

1. Is driving on a license suspended for DUI.

2. Within 60 months (5 years) is convicted of a third (or more) DUI, whether the prior DUIs occurred in Arizona or another state.

3. Is convicted of DUI while a minor under the age of 15 is in the vehicle.

Drug DUI

This charge is codified in two places, 28-1381(A)(1) and A.R.S. 28-1381(A)(3).

A.R.S. 28-1381(A)(1) states that it is unlawful for a person to drive or be in actual physical control of a vehicle:

While under the influence of . . . 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.

A.R.S. 28-1381(A)(3) states that it is unlawful for a person to drive or be in actual physical control of a vehicle:

While there is any drug defined in section 13-3401 or its metabolite in the person's body.

The drugs defined in ARS 13-3401 are too many to list here, but generally they are drugs that are illegal to possess.

Commercial DUI

Drivers of commercial vehicles need to have a BAC of only 0.04 percent to be charged with DUI.

This charge is codified in A.R.S. 28-1381(A)(4), which states that it is unlawful for a person to
drive or be in actual physical control of a vehicle:

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

Boating DUI (OUI)

This charge is codified in A.R.S. 5-395, which states:

A. It is unlawful for any person to operate or be in actual physical control of a motorized watercraft
that is underway within this state under any of the following circumstances:

1. 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.

2. If the person has an alcohol concentration of 0.08 percent or higher within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from alcohol consumed before or while operating or being in actual physical control of the motorized watercraft.

3. While there is any drug as defined in section 13-3401 or its metabolite in the person's body.

4. If the motorized watercraft is a commercial motorized watercraft and the person

has an alcohol concentration of 0.04 percent or more.

Law Office of Raymond Kimble

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About Raymond Kimble

Raymond A. Kimble is a former police officer and felony prosecutor who has twenty years experience defending people accused of DUI and other criminal offenses throughout Arizona. Mr. Kimble represents clients seeking experienced and aggressive representation to help them fight the charges they face. For more information, contact The Law Office of Raymond A. Kimble today.