Have you or someone you know been charged with a DUI, or Driving Under the Influence, offense in Lake Havasu City, AZ? If so chances are you were stopped and arrested by either Lake Havasu City Police Department, Arizona Department of Public Safety or Mohave County Sheriff’s Office? Here are some things you need to know to protect yourself:
Arizona laws are some of the harshest in the nation when it comes to DUI convictions. Given the complex statutes and the strict penalties associated with DUIs, one of the best things you can do is to speak with one of our experienced local attorneys. A Lake Havasu City DUI lawyer could help you navigate your case and work towards the best outcome possible.
There are often some misconceptions that surround what exactly constitutes a DUI. Many people think that DUI only applies when a person’s Blood Alcohol Concentration is more than what is legally allowed, which in Arizona for Alcohol it’s a .08% for most drivers. However, did you know that under Arizona Revised Statutes § 28-1381, it is actually illegal for a person to drive or be in actual physical control of a vehicle while under the influence of liquor if the driver is impaired even to the slightest degree. This means that, even if your Blood Alcohol Concentration (BAC) was well under the legal limit, you can still be deemed impaired to the slightest degree by the officer who pulled you over, based on factors like your performance on field sobriety tests or the officer’s observations of your coordination and speech, and STILL be charged with a DUI.
In the event that your BAC was above the legal limit (defined as .08, or .04 for drivers with a commercial driver’s license), you may be charged with impairment to the slightest degree as well as driving under the influence of liquor, so that’s two DUI charges. If the blood alcohol comes in over a .15% there’s an additional DUI charge. As you can see they can add up quick.
ARS § 28-1381 also prohibits any amounts of certain drugs, legal or illegal, to be in a person’s system while they are driving. The only exception to this rule is if the drug was legally prescribed and taken as prescribed, assuming the drug does not impair the driver’s ability to operate the vehicle.
A DUI charge can either be classified as Felony or Classified as a Class 1 Misdemeanor and with both being harshly prosecuted in the state of Arizona. In fact, a person convicted of a Misdemeanor DUI violation can be subjected to a minimum of 10 days in jail, anywhere from $750 to $2,000 in fines, substance abuse assessment and treatment, installation of an interlock device on your vehicle, license suspension, mandatory traffic survival school, and more. If a person has previous convictions of DUI the potential penalties become more severe to include facing a Felony Charge of DUI called Aggravated DUI.
The laws surrounding DUI in Arizona are complex and strict, and facts and defenses for each case varies from person to person. If you are charged with a DUI in Lake Havasu City, odds are that your citation is issued out of either Lake Havasu City Municipal Court, Lake Havasu City Justice Court or the Lake Havasu City Consolidated Court. Wherever your case is out of, don’t go it alone, your best option is to contact one of our qualified Lake Havasu City DUI lawyers who can help negotiate with the assigned prosecuting attorney on your behalf, review vital evidence such as bodycam footage, interview officers if necessary, review police reports, and other key facts of the case, all the while helping ensure your rights are protected. Contact The Law Offices of Brandon White for a free strategy session with one of our attorneys today.