Different DUI / DWI Offenses:
There are several different DWI offenses which can be charged. Any DWI related offense is very serious and requires experienced and expert representation.
Driving While Impaired to the Slightest Degree, A.R.S. §28-1381(A)(1)--"DUI"
It is unlawful to drive, or to be in actual physical control, of a vehicle while under the influence of any intoxication liquor, any drug, or any combination of liquor or drugs. It is not necessary to be "drunk" nor does this charge require a blood, breath or urine test. The State is only required to prove that a person's ability to operate their vehicle was impaired "to the slightest degree".
Driving With an Blood Alcohol Concentration of .08% or Above, A.R.S. §28-1381(A)(2)--"DWI"
It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .08% [.04% if commercial vehicle, A.R.S. §28-1381(A)(4)] or higher within two hours of driving or being in actual physical control. The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control.
DWI-Drugs, A.R.S. §28-1381(A)(3)
It is unlawful to drive, or to be in actual physical control, of a vehicle while there is an illegal drug, or its metabolite, in the body. The State is not required to prove impairment nor is the State required to prove a specific amount of drug in the body. The State is only required to prove that an illegal drug was present in the body while driving or being in actual physical control.
Driving While Under the Extreme Influence of Intoxicating Liquor, A.R.S. §28-1382--"Extreme DWI"
It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .15% or higher within two hours of driving or being in actual physical control. The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control. The "Extreme DWI" charge does not require the State to prove that the person was "really drunk", only that the blood alcohol concentration was .15% or higher. The "Extreme DWI" statute mandates substantially increased punishment for a higher blood alcohol concentration.
Aggravated Driving While Under the Influence of Intoxicating Liquor, A.R.S. §28-1383--"Felony DWI"
There are three different "Felony DWI" offenses:
- If a person commits any DUI/DWI offense as defined in A.R.S. §28-1381 or 28-1382, and the person's driver's license, or privilege to drive, is suspended, canceled, revoked, refused, or restricted. A.R.S. §28-1383(A)(1).
- If a person commits any DUI/DWI offense as defined in A.R.S. §28-1381 or 28-1382, and within a sixty month period (5 years) has two or more prior DUI or DWI convictions. A.R.S. §28-1383(A)(2).
- If a person commits any DUI/DWI offense as defined in A.R.S. §28-1381 or 28-1382 while a person under fifteen years of age is present in the vehicle.
It is also unlawful to operate an aircraft, watercraft or water skis while under the influence of intoxicating liquor.
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