Most people are aware of the legal limit of .08 BAC to be charged with the per se DUI in Arizona. But there are additional, more serious charges that can apply if the BAC is tested and alleged to be higher.
Sometimes, it seems there is no way to get it right. Let’s review a case where the police can charge you with DUI even if you weren’t sitting upright driving your car.
Being charged with a DUI often carries consequences that extend beyond the legal ramifications of the crime. One common concern for people who have been charged and convicted for driving under the influence is whether or not their chances of getting a mortgage will take a hit. While the answer depends on a number of factors, there is certainly cause for concern.
Everyone makes a mistake at some point in their lives. For the purposes of this hypothetical scenario, let’s assume that the mistake you made happened shortly after you turned 21. While out to dinner with friends, you have a couple of drinks and because you do not feel intoxicated, you decide to go ahead and drive yourself home. On your way home, you are pulled over by the police and admit to having had some drinks before getting behind the wheel. A breathalyzer test shows that you are just barely over the legal BAC recognized in Arizona, which is 0.08% for standard drivers (or 0.04% for drivers of commercial vehicles). Due to Arizona’s zero tolerance policy in regards to driving under the influence of alcohol, you find yourself being arrested for a DUI.
Consider the following hypothetical scenario - you’ve gone out to celebrate good news with friends. Over dinner and good conversation, someone buys one last round of drinks. You have your last drink, maybe one more than you normally would, but you don’t really feel as though it was excessive. On your drive home, you find yourself feeling a little more intoxicated than you thought you were. You catch yourself swerving a little once or twice, but are relieved to make it to your house without incident. You park in your driveway, head inside and go straight to bed.
All drivers in Arizona, regardless of their own possible experience with DUI charges, should at least be somewhat familiar with the procedures that are followed when someone is pulled over by the police and there is reason to believe that they might be intoxicated. One of the key components of Arizona’s notoriously strict approach to drinking and driving relies on what is commonly referred to as the driver's BAC (blood alcohol concentration) at the time of the traffic stop. But what does that really mean? How much does the average person know how the BAC is calculated and whether it is accurate evidence of being over the DUI limit? And more importantly, are the results of these tests as infallible as we’ve been led to believe?
The state of Arizona does not fool around when it comes to drinking and driving. Our laws regarding driving under the influence are, let’s be honest, somewhat infamously strict when compared to the rest of the country. But is it possible for a state to create DUI laws that are so restrictive that they cease to be truly beneficial?
There is an old saying that politics makes for strange bedfellows. Following a recent study conducted jointly by the Governors Highway Safety Association (GHSA) and the Foundation for Advancing Alcohol Responsibility, it would seem politics may also make for some strange enemies.
If you’re not a frequent visitor to Arizona’s national parks and forests, you may not know much about the consequences of being charged with a DUI while on federal land. Hopefully, this topic will help someone avoid what could be a very unpleasant end to their summer vacation on federally controlled lands.
Chances are good that anyone reading this is already aware of some of the more standard laws regarding drinking alcohol while driving. For example, it’s illegal in 43 states, including Arizona, for a driver to be in possession of an open container of alcohol while they are in control of a motor vehicle. In most states, this restriction also logically extends to anyone within the passenger compartment of the car as well. This means anyone in the front or back seat, but also includes the storage of any previously-opened bottles of alcohol in the glove compartment or other unlocked storage areas