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DUI In Arizona Archives - Shah Law Firm

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Criminal Speeding or Arizona DUI in a Construction Zone

Arizona DUI in a School Zone, Construction Zone or Airport

Being charged with a DUI in Arizona can result in stiff penalties. However, you might face other consequences and additional charges if you are charged with a DUI in certain areas, including DUI in a school zone, construction zone, or airport.

Below is some information about DUI charges in these types of areas in Arizona.

DUI on Airport Property in Arizona

In most cases, driving under the influence is a state charge in Arizona. This means that most people will be tried for the offense in Municipal Court, Justice Court, or Superior Court and potentially be sentenced to serve jail time in the county jail. However, there are certain situations in which a DUI can be charged and tried in federal court. The potential penalties for a federal DUI are harsher than for a state DUI charge.

Under the US Code of Federal Regulations 36 CFR § 4.23, people can be charged with federal DUI offenses when they drive with a blood alcohol concentration of 0.08% or higher; or when they are impaired to such a degree that they are incapable of driving by any amount of alcohol or drugs. If a person is arrested for a federal DUI in a state that has stricter laws, the penalties under state law will supersede the federal law.

Click to Learn More About DUI in a School Zone, Construction Zone or Airport…

Out of state DUI in Arizona

Out of State DUI when Living Outside of Arizona

In the state of Arizona, law enforcement takes DUI offenses very seriously and has a “zero-tolerance” law. When you are driving in from out of state and are pulled over for a DUI, the standard protocol is to give a field sobriety test, as well as a breathalyzer so the officer can get your BAC number. Additionally, if you refuse a breath test during the stop, you will be taken to the local police station to have your blood drawn.

If you happen to live out of the state of Arizona and have been charged with an out-of-state DUI, this can have some serious, not to mention expensive, consequences. The most important is that if you chose to represent yourself in the matter, not only will you be responsible for any fees, but also for your own travel expenses.

Not to mention that the process can last on average of 3-4 months and you would be required to appear in person at each of the pre-trial conferences.

 

Let’s discuss the laws when it comes to DUI. In Arizona, if your blood alcohol count is over .08 and under .15, you will be charged with a misdemeanor DUI. If you have a BAC level between .15 and .20, you will be charged with an Extreme DUI. Following an Extreme DUI is what is known as a Super Extreme DUI, meaning a BAC level of .20 and greater. Finally, the most severe type of Arizona DUI is a Felony Aggravated DUI.

A felony aggravated DUI charge usually depends on whether you have previous DUI charges within the last 7 years, if there was a minor under the age of 15 present in the vehicle if your license was suspended at the time of the stop, and if someone else was seriously injured as a result of a DUI.

Click to Learn More About Out of State DUI…

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