Read this sheet to discover more about Arizona DUI Laws, Penalties, Defenses, and dealing with the DMV. Then contact Arizona DUI Lawyer David Michael Cantor if you have been charged with DUI/DWI Misdemeanors. You can call 24 hours a day at (602) 307-0808.
If your Blood Alcoholic Content (BAC) was over 0.15% you have an Arizona Extreme DUI which you can read about here. If you have a Felony Charge then you have an Arizona Aggravated DUI which you can read about here.
DUI vs. DWI
Both DUI and DWI charges are identically grave and hold equivalent punishments. Extreme DUI and Super Extreme DUI, although, carry more critical penalties. Arizona generally files two or three charges against you:
- DUI (A.R.S. §28-1381 (A)(1)) Driving Under the Influence of intoxicating liquor (or drugs).
- DWI (A.R.S. §28-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of operating a vehicle.
Last year, Senate Bill 1200 modified the wording of the statute regarding jury trials for first time DUI situations. Before SB1200, Arizona Revised Statutes Section 28-1381(f) guaranteed any individual charged with a DUI the right to a jury trial upon demand. SB1200 modified the language of that statute to give judges discretion to grant or deny demands for a jury trial for first time misdemeanor DUIs.
In some courts judges utilized this discretion to uniformly deny all requests for jury trials on first time misdemeanor DUIs.” West Mesa Justice Court, for instance, handed out a “new DUI law implementation policy” that expressly stated “[a]nyone whose date of offense for first-time non-extreme DUI is after 12/31/11 will NOT be given the option of a jury trial.” This default practice of denying jury trials violated the Constitutional rights of Arizona citizens.
We filed a Special Action to the Supreme Court of Arizona to dispute the constitutionality of the Arizona legislature’s revision of Arizona Revised Statutes part 28-1381(f). We also challenged the judges who were rejecting requests for jury trials. While the legislature was reconsidering their decision to take away this right, we did not allow our clients in any court to be refused the right to a jury trial.
On April 11, 2012, House Bill 2284 was marked into regulation. This account re-implements the jury trial rights for a first offense misdemeanor DUI charge and assures that any request for a jury trial at arraignment “shall be granted.”
Remember, ask to call and speak with a DUI Lawyer in Arizona BEFORE making this decision.
Insurance – Additional Punishment for DUI, DWI, Extreme DUI
Until DUI, DWI, or Extreme DUI guilt is established, an insurance company should not–although some do–cancel your protection treatment. If convicted of a DUI, DWI, or Extreme DUI, you will either be incapable of getting insurance coverage or you will pay roughly $3000 or more a year, for the next three (3) years, above your present rate.
Other Thoughts on DUI, DWI, Extreme DUI
DUI furthermore includes driving under the influence of drugs. DUI, DWI, & Extreme DUI allegations are filed thousands of times in Arizona every year against persons from all walks of life. These allegations are grave, but defensible, with aid from a DUI attorney in Arizona skilled in DUI, DWI, & Extreme DUI regulation. Before speaking with other lawyers, check out our DUI victories sheet.