Arizona DUI Laws – Regular DUI ARS 28-1381

Arizona DUI Laws start with ARS 28-1381 aka a Regular DUI. This is a serious charge and this video explains what you need to do.

Arizona DUI Laws – Regular DUI ARS 28-1381

In this video Phoenix Criminal Defense Lawyer Burges McCowan explains what a ‘Regular DUI’ is.

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This is Burges McCowan. In this video I’m going to talk about ARS 28-1381 just commonly known as Regular DUI in Arizona.

In Arizona there’s actually two different ways that state could charge you with misdemeanor or Regular DUI. The first one sort of the traditional old one commonly known as driving while impaired has to do with your impairment. Now, in Arizona the catch phrase is, Impairment to the slightest degree,” that’s what they’re charging you with. It’s just whether you’re impaired by alcohol to the slightest degree. It doesn’t matter how much alcohol you actually drink, they can charge you even for one drink or single drop if it impairs you.

The other type of DUI is the more common one that we think of which has to do with your blood alcohol content and that is above .08 in Arizona. If your blood alcohol content comes back above .08 they will charge you with that type of DUI but they can charge you with both or just the regular impairment if they so choose and they will do that, it does happen in Arizona. What’s the punishment for DUI? In Arizona the mandatory minimum is 10 days jail. You can have some of that suspended but it’s going to be at least 24 hours. There’s also the fees and there are a lot of fees for DUI in Arizona.

There’s the fees to the counselors that they’ll have you go to, there’s the fee to MVD for your suspension. I have a whole other video on suspensions but you will get suspended, it’s actually a separate action from the DUI, they work independently of the court. If you’ve been sided with the DUI it’s very important that you get moving on communicating with the MVD right away about your rights there. It can vary depending the circumstances or case you definitely want to talk to an attorney about what you should do but the key is to move right away with dealing with your suspension.

An additional and they have to be concerned about with DUI in Arizona is what’s known as the Interlock Device. That’s the device they put on your car that you have to breath into in order to get your car to start. In Arizona for any DUI that you get they will make you put an Interlock Device on your car. That can be for up to a year that’s for a Regular DUI.

There’s also Extreme DUI and Super Extreme DUI and Aggravated DUI, I have separate videos for each of those.

If you’ve been charged with DUI in Arizona give me a call, I do free consultations and I can help.
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