Wednesday, March 17, 2010

Phoenix Arizona DUI Law Explained


Driving under the influence of any drug or alcohol is a very serious crime in Phoenix.

There are several categories of drunk driving charges in Arizona.

A Phoenix DUI case case may be brought as a felony or as a misdemeanor. For arrests in the city of Phoenix, misdemeanors are prosecuted by the Phoenix City Attorney and heard in Phoenix Municipal Court. For felonies in the city of Phoenix, and in all other cities in Maricopa County, you are prosecuted by the Maricopa County Attorney's Office and your case will be heard in Maricopa County Superior Court.


Misdemeanor Phoenix DUI Charges


It is illegal to drive or be in actual physical control of a motor vehicle in Phoenix (and anywhere in AZ) while:

Garden Variety DUI: You are mpaired to the slightest degree by alcohol or drugs.

Commercial DUI: Your alcohol content above 0.040 and you are driving a commercial vehicle.

Minor DUI: You are under 21 years old with any alcohol in your system.

Per Se DUI: Your alcohol content above 0.080 within 2 hours of driving.

Extreme DUI: Your body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.

Super Extreme DUI: Your body alcohol content of .200 within 2 hours of driving.

Drugs DUI: You have an illegal drug OR its metabolite in your system (it is not required that the drug impair you in any way).


Felony Phoenix DUI Charges


It is a very serious felony in Phoenix to commit any of the above misdemeanors while any of the following apply:

Aggravated DUI Priors: You have two or more prior DUI convictions in within 7 years of your arrest.

Aggravated DUI Restricted License: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Phoenix.

Aggravated DUI with Child in Vehicle: You have a child under 15 years old in your vehicle.

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