Arizona defines driving or actual physical control while under the influence as follows. No person shall drive or be in actual physical control of a vehicle in the State of Arizona if the person is impaired to the slightest degree while under the influence of any of the following circumstances:
- intoxicating liquor,
- any drug,
- a vapor releasing substance containing a toxic substance,
- or any combination of liquor, drugs or vapor releasing substances.
If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle. While there is any drug or its metabolite in the person's body. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more. It is not a defense to a charge that the person is or has been entitled to use the drug under the laws of this state. This offense is a class one misdemeanor. As a defense to DUI drugs, the statute says that a person using a drug prescribed by a medical practitioner who is duly licensed pursuant to law is not guilty of driving under the influence of drugs.
Under the DUI laws of Arizona, there is a presumption that 0.05% or less alcohol concentration in the defendant's blood, breath or other bodily substance, the defendant was not under the influence of intoxicating liquor. If there was at that time in excess of 0.05% but less than 0.08% alcohol concentration in the defendant's blood, breath or other bodily substance, there is no presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. If there was 0.08% or more alcohol concentration in the defendant's blood, breath or other bodily substance, the presumption is that the defendant was under the influence of intoxicating liquor.
Drunk driving is known by a variety of names such as:
- driving under the influence (DUI)
- driving while impaired (DWI)
- operating under the influence (OUI)
- operating while impaired (OWI)
- driving under the influence of intoxicants (DUII)
- driving while under the influence (DWUI)
The mere fact that driving intoxicated or under the influence may be called by different phrases, the consequences of such a conviction can be devastating. So no matter what you call it, one should seriously consider hiring a competent, experienced lawyer to represent them.
Contact Brian Di Pietro Law, PLLC. Arizona's Most Experienced, Tough Lawyer for DUI/DWI Criminal Charges!
Attorney Brian Di Pietro has successfully represented many clients who had been charged with DUI/DWI. His success is a result of his 38 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of DUI/DWI and is able to use this knowledge combined with his aggressive approach to defending his clients that have resulted in the favorable resolution for his clients. Contact him now at 623-242-2655 for a free confidential case evaluation about your DUI/DWI charges in Arizona.