Guide to Dealing with a DUI/DWI Charge

State DUI Charge Laws Vary

SOURCE: http://www.lawfirms.com/resources/dui-and-dwi/dui-basics/charge-guide.htm

Driving under the influence is a criminal charge and the laws regarding driving under the influence vary from state to state. The laws vary with regard to the amount of alcohol or drug in a person’s system which defines influence, or intoxication as well as the arrest procedures and possible penalties. All states have some type of statute dealing with this criminal offense. In addition to DUI, there is DWI which is typically referred to as “Driving While Impaired.” The difference in the two offenses is usually the amount of alcohol or drug present in a person’s system at the time of arrest. Some states also have specific laws to deal with drivers who have a combination of drugs and alcohol in their systems at the time of arrest.

You can find all DUI state laws at each state’s website for statutes. Cornell University Law School hosts a free website with links to each state’s statutes by topic.

Legal Definition of Driving

Most states define “driving” as operating or having actual physical control of a vehicle. A passenger who is intoxicated could not be charged with DUI. Typically the person charged is the driver of a vehicle. If a driver were somehow incapable of driving and the passenger took control of the vehicle while under the influence of drugs or alcohol, then the passenger would have actual physical control of the vehicle and could be charged with DUI. If a police officer cannot prove who had actual physical control of a vehicle, a charge cannot be made.

In order to have sufficient proof of "driving" a person must be in a vehicle which is being "operated." If a person happened to be sitting in the driver’s seat of a parked car and was intoxicated, that person could not be charged with a DUI. A running engine would not be enough to prove someone was “driving under the influence.” There is no criminal offense of “intent to drive while impaired”, so for a person to be charged, he must actually be operating a vehicle while impaired by drugs or alcohol.

Legal Definition of Drunk


The legal definition of drunk varies from state to state but all states measure “drunk” by testing the level of alcohol, or other drug, in a person’s blood, urine or breath. Allowable methods of testing vary from state to state. Most state laws establish that a level of .08 percent blood alcohol concentration is enough to be charged with Driving Under the Influence. Charges and penalties increase in severity as the level of blood alcohol concentration increases. Again, states vary in the level increases which affect changes in penalty or charge. In Arizona, anyone with a blood alcohol concentration of .20 or more can be charged with a felony rather than a misdemeanor and will be subject to automatic increases in jail time and fines.

Difference Between "Drunk" and "Under the Influence"


“Under the Influence” does not mean that a person is drunk. It means that a driver’s ability to drive is impaired by any amount of drug or alcohol. Even some prescription medication can make a person so drowsy that it impairs his ability to safely operate a vehicle. A combination of medication and alcohol is often a cause of impairment for drivers. In most states, a driver under the legal drinking age can be charged with a DUI if he has any amount of alcohol in his system, even just a trace amount.

How to Find DUI Checkpoints

Step 1

Watch the news every morning and evening for announcements of DUI checkpoints. Since law enforcement agencies are required to disclose the location of sobriety roadblocks prior to the event, news stations will often report them for your convenience.

Step 2

Read the daily newspaper for your city or town. There might be a section in the local section dedicated to DUI checkpoints, or they could be in another section altogether. You can also look for them under alternative names, such as "DWI Checkpoints" or "DWI Roadblocks".

Step 3

Visit websites that are dedicated to informing the public about DUI checkpoints, such as the Road Block Registry (see Resources below). These websites will give you advance notice of sobriety roadblocks, including the intersection at which they will be conducted, the date and the time.

Step 4

Call your local law enforcement agency to find out when upcoming DUI checkpoints are scheduled. They may or may not release this information, and they may have no plans for sobriety roadblocks, but it doesn't hurt to ask.

Step 5

Look for lots of flashing police car lights when you are driving between 9 p.m. and 2 a.m. These are the hours during which officers are most likely to set up DUI checkpoints because the bars are open and because most people are not at work. p 5

Phoenix DUI Attorney Explains Criminal Penalties

The penalties imposed for DUI convictions in Arizona depend on a number of factors including blood alcohol level and other aggravating circumstances. A first offense with a BAC of 0.08% to 0.15% can lead to 10 days in jail, 90-day license suspension, $250.00 fine, $500 assessment cost, counseling, and up to 5 years of probation. If your first offense involves a BAC of 0.15% or greater, you can face 30 days in jail, $2,000 in fines, 90-day license suspension, counseling, up to 5 years of probation, and installation of an ignition interlock device in your vehicle. If you commit a subsequent offense within a
5-year period, the penalties increase. For a second offense, you can face 90 days in jail, $2,000 in fines, one-year license revocation, counseling, installation of ignition interlock device in your vehicle, and up to 5 years of probation. Second offenses that are considered extreme can carry penalties of 120 days in jail, $2,000 in fines, one-year license revocation, counseling, probation of up to 5 years, and the installation of an ignition interlock device in your vehicle. If you commit a third offense, the penalties are even harsher. They can include a mandatory four months of prison time, up to $150,000 in fines, 3-year license revocation, counseling, up to 5 years of probation, and forfeiture of your vehicle. Having a DUI attorney Phoenix on your side is the only way to have a chance of avoiding these penalties and winning your DUI case.

Phoenix DUI Defense Attorney: Dependable Representation

In the state of Arizona, a DUI conviction can result in harsh penalties such as jail time, excessive fines, and probation. Depending upon the nature and extent of your DUI charge, you could lose your Phoenix driver’s license for months, years, and in some cases forever. You don’t have to face your DUI charges alone, and by hiring a qualified and experienced Phoenix DUI attorney you will have legal support that is vital to the success of your case.

By involving a Phoenix DUI attorney as early as possible, you will have the best chance of getting the charges against you reduced or dropped. In Maricopa County, Drunk Driving is a serious offense and can result in many long term consequences, not to mention a criminal record. No matter what specific offense you have been charged with, Joshua S. Davidson will find the best way to address the charge.

After you or someone you know has been charged with any type of DUI in Arizona, you are probably facing many confusing questions. Will my license be revoked or suspended? Will I be able to get myself to work or to school? What if my child was driving my car when he got his DUI? These are all valid questions and you should be able to get the answers you need. Joshua S. Davidson is dedicated to providing you with the information and legal representation that you need when you or a family member has been charged with drunk driving. Contact Joshua S. Davidson today if you have questions or concerns about your DUI charges.

Phoenix, Arizona Drunk Driving Defense Lawyer

Have you or someone you know been arrested for DUI in Phoenix, Scottsdale, Glendale, Mesa or Tempe? If the answer is yes, then you most definitely need to seek the help of a qualified Phoenix DUI Attorney. There are a lot of facts that need to be considered when defending someone who has been charged with drunk driving. Between breathalyzer tests, blood alcohol tests, and field sobriety tests, getting your DUI charge dropped or dismissed may seem hopeless. As an experienced Phoenix DUI Defense Attorney, Joshua S. Davidson has seen many alternative outcomes to a DUI charge, and many occur as the result of a thorough examination of evidence. If you failed any of the different types of sobriety tests, it does not mean your case is over. There are many options to be explored and the best thing to do is contact an attorney who can explore these options with you.
Joshua S. Davidson established his Phoenix Law Office in 2005, concentrating in Criminal Defense and DUI Defense. Before launching his current Law Firm, he worked as a prosecutor in Maricopa County, where he was responsible for handling numerous criminal offenses, including DUI. His time as a DUI prosecutor proved to be very valuable, and as a criminal defense attorney he is able to see both sides of a case and can provide a more effective defense strategy as a result.