Driving while impaired by alcohol or drugs is a serious offense. Not only can a person get arrested and end up serving time in jail for driving while impaired, but they could cause severe injuries in the event an accident occurs. However, is there a difference between driving under the influence (DUI) and driving while impaired (DWI) in Arizona?
Here, we want to look at the difference between these two as well as the steps that you need to take if you end up facing any type of impaired driving charge in Arizona.
What is a DUI in Arizona?
When we examine ARS 28-1381, we can see that impaired driving is defined as operating a motor vehicle while impaired by drugs or alcohol OR alcohol impairment with a blood alcohol content (BAC) of .08% or higher.
There are a few nuances in this definition that we need to point out, which can lead us to the differences between a DUI and a DWI in Arizona. In this state, a person can be charged with driving under the influence (DUI) as long as there is any blood alcohol concentration in their blood, including any level below .08% but above 0%.
Because Arizona is a zero-tolerance state, a person can be convicted of DUI so long as they are operating under the influence of any alcohol or drugs, regardless of the amount.
What is a DWI in Arizona?
In order for a person to be charged with driving while impaired (DWI) in Arizona, there will have to be a measurable amount of alcohol above .08% BAC in their system. Basically, this is a DUI charge, but there is a measurable amount of alcohol above the legal limit in a person’s system at the DWI level.
In Arizona, there are three levels of DUI/DWI offenses. A person with a BAC ranging from .08% to .1499% can face a regular DUI charge. If a person has a BAC of .15% to .19%, they could face an Extreme DUI charge. Anyone with a BAC of .20% or above can face Super Extreme DUI charges.
The penalties for DUI and DWI get significantly harsher the higher a person’s BAC is. Additionally, any person who is charged with a second or subsequent DUI offense within a certain period of time will also face significantly harsher penalties.
A person charged with a regular DUI, first offense, can face up to 10 days in jail and a fine of up to $1,250. Additionally, individuals will be required to undergo alcohol screening and possible treatment programs, as well as be required to install an ignition interlock device in their vehicle.
Second and subsequent regular DUI offenses could result in up to 90 days in jail and a $3,000 fine. Additionally, a person’s driver’s license will be revoked for 12 months.
Call a Criminal Defense Attorney Immediately
If you or somebody you love has been arrested and charged with DUI or DWI in Arizona, you need to reach out to an attorney immediately. A skilled Chandler criminal defense attorney can get to work investigating every aspect of your claim. This will include examining the facts of your case and making sure that proper procedures were followed on the part of law enforcement officials. Your lawyer will begin formulating your defense strategy to help you beat these charges.