When the government charges someone with a misdemeanor DUI in Arizona, there are a number of charges that come along with it.  There is usually never just a single Arizona DUI charge. This is why it is so critical to hire a competent Arizona DUI lawyer.

The first charge is driving under the influence.  What that means is the government is alleging the defendant was driving a motor vehicle, and while driving, the driver was under the influence of alcohol or drugs to at least the slightest degree.  With is charge, called driving under the influence, the driver’s blood alcohol concentration is irrelevant.    The government can convict you even with a minimal amount of alcohol in your system. In other words, you did not have to be above the legal limit of alcohol, which is .08 in Arizona, the state to convict you of driving under the influence.  Ironically, if you have a very good tolerance to alcohol you could potentially beat this charge by saying your high tolerance allowed you to drive without any affect, regardless of how high the blood alcohol concentration actually was. If the state convicts you of this charge, the minimum time in jail is one day in custody. In a driving under the influence charge only, the blood test results by themselves are not dispositive.  The first kind of evidence the government will use is the police officer’s observations. All officers in Arizona are certified peace officers, and they all have taken certain courses in DUI investigations. These courses are all standardized NHTSA (National Highway Traffic Safety Administration) classes, the same across the country. The police officer will testify as to how he saw the accused drive and how he saw the accused behaved once he got out of the car. The testimony is always right out of the NHTSA playbook, practically memorized. The police officer will testify to no end how the accused exhibited the NHTSA “nighttime driving cues of impairment.” That is just copspeak for “he looked like he was driving drunk.”  Next, the police officer will testify about the field sobriety tests, or FSTs. According to NHTSA, the FSTs are standardized and are a reliable way to determine if someone has had too much to drink. The tests typically include the horizontal gaze nystagmus, the walk and turn, and the one legged stand. Allegedly, these tests are validated.

The second count in a typical misdemeanor Arizona DUI case is called the per se charge. This charge means your blood alcohol concentration was above the legal limit.  In these sorts of cases, the blood test results are usually dispositive.  For non-extreme DUI charge, the legal limit is 08. For an extreme DUI charge  the legal limit is .15.  The per se charge means that regardless of how high your alcohol tolerance is, you drank so much alcohol that it increased your blood alcohol concentration above the legal limit.  It does not matter for the per se charge that the alcohol you drank did not affect your ability to drive.  If the state convicts you of the first per se charge, ie, blood alcohol concentration above the .08, the minimum time in jail if one day in custody. If the state convicts you of the extreme DUI charge, the minimum time in jail 30 days in custody. With any DUI conviction, even for a first offense, you must have an interlock device for at least 12 months after you get your license reinstated.

Importantly, even if the state convicts you on all three counts, that does not mean you have a three DUI convictions on your record. As long as it is for the same DUI stop, it is only one Arizona DUI conviction.

If you have been charged with a DUI, please contact the Law Office of Vladimir Gagic for a free initial consultation regarding your case.

Almost all DUI investigations include having a California DUI suspect
perform various balance and coordination tests. These tests are
referred to as field sobriety tests or FST’s. The theory behind
these tests is that they test a person’s ability to divide
attention. Driving is portrayed as a divided attention
task. One has to both operate the automobile and also pay
attention to other cars, pedestrians, and traffic controls on the road. (more…)

When a California DUI suspect refuses to take a chemical test,
both the DUI defendant and the prosecution are presented
with challenges and opportunities. (more…)

In the State of California, all occupants in a motor vehicle are required to wear a seatbelt anytime the vehicle is in motion. Billboards up and down our freeways proclaim “Click It Or Ticket”. The fact is, seatbelts save lives! This is no joke and California legislators in the last few years have passed legislation allowing peace officers not only to cite drivers who fail to wear their seatbelts, but to use one’s failure to wear a seat belt as a basis for a traffic stop in the absence of your committing any other offense. (more…)

You are required as a matter of law in the State of California to maintain liability insurance with limits of no less than $15,000/$30,000 if you are operating your motor vehicle on public roadways. Your failure to maintain liability insurance could not only impact your ability to register your vehicle with the Department of Motor Vehicles, it could subject you to significant monetary fines in the event your are cited for driving without insurance. An additional, little known consequence of driving without liability insurance is that you forgo your right to pursue damages for pain and suffering in the event you are involved in an accident caused by another. (more…)

Many who confront the legal system for the first time, voluntarily or
involuntarily, are faced with having to decide the forum in which their
dispute will be resolved. In some instances, the forum in which a
dispute will be resolved has been pre-selected by the parties however,
more often than not, litigants will make their forum selection only
after a dispute has actually arisen. It is therefore important to have
an understanding of the difference between mediation, arbitration and
trial and the benefits and drawbacks of each. Often times, the forum
selected will dictate how quickly and effectively the dispute is
resolved. (more…)

In California, like most states, you are required to carry liability
insurance on your vehicle if you plan on operating it on public
thoroughfares. At present, the minimum liability coverage permitted by
law is $15,000/$30,000. The $15,000 figure is a per injured party sum
while the $30,000 figure is an aggregate sum meant to provide coverage
to two or more injured persons. Liability insurance is available in
higher amounts such as $30,000/$60,000, $100,000/$300,000 and
$250,000/$500,000. The cost of increasing your limits from
$100,000/$300,000 to $250,000/$500,000, for example, is relatively
slight compared with the added protection it affords you in the event
of a loss. This is especially true given the skyrocketing cost of
health care. (more…)

Unlike other types of injury cases, one claiming to have been seriously
injured as a result of a healthcare provider’s negligence will rarely
receive full compensation for their injury. This is because California,
long before President Bush’s call for nationwide tort reform in the
area of medical malpractice, enacted legislation limiting your recovery
against medical providers. (more…)

Almost all DUI investigations include having a DUI suspect perform various balance and coordination tests. These tests are referred to as field sobriety tests or FST’s. The theory behind these tests is that they test a person’s ability to divide attention. Driving is portrayed as a divided attention task. One has to both operate the automobile and also pay attention to other cars, pedestrians, and traffic controls on the road. (more…)

When a DUI suspect refuses to take a chemical test, both the DUI defendant and the prosecution are presented with challenges and opportunities.

California has a law called the informed consent law of chemical testing. What this means is that when you got your drivers license, you agreed (although you probably did not realize it at the time) that in exchange for the state giving you your drivers license, you agreed to submit to a chemical test. This law means that the state does not need a warrant or other court order to have you submit to a chemical test. (more…)