GLOSSARY OF TERMS RELATED TO ARIZONA DUI AND CRIMINAL CASES
In Latin Actus Reus means the “guilty act.”
Actual Physical Control
Arizona’s DUI laws were expanded to prohibit conduct beyond driving while impaired. The statutes also criminalize being in actual physical control of a car. The test for whether a person is in actual physical control of the vehicle is judged on the “totality of the circumstances.” Some factors courts recognize to make that determination include:
Were the keys in the ignition?
Was the car turned on?
Where was it located?
Was it properly parked?
Where was the person in the car?
Related Case Law:
In DUI cases, the Arizona Administrative code is the set of rules used at an MVD hearing when a driver’s license suspension is challenged.
Admin Per Se
In Latin Admin Per Se means by itself.
In Arizona when a person is suspected of being DUI by law enforcement, an officer initiates a license suspension by serving the person (on behalf of motor vehicle division) with an Admin Per Se Affidavit. This commonly occurs at the same time as when a person is given a criminal citation for DUI.
A first-time Admin Per Suspension is for 90 days (after the first 30 days a person may be eligible for a restricted driving permit for the rest of the suspension). After being served with the Affidavit the accused has the ability to request a hearing to challenge to suspension.
A felony DUI in Arizona is called an Aggravated DUI.
The Arizona leglisture has given a specfic defintion(s) of “Alcohol concentration.” The defintion depends in what matrix the alcohol is measured in. When measuring it in blood the legal defintion of an alcohol concentration (“AC”) means grams of alcohol per 100 milliliters of blood or grams. In breath, the definition of an alcohol concentration means grams of alcohol per 210 liters of breath.
Ambien is the brand name of prescription drug used to treat insomnia. The drug’s generic name is zolpidem.
Blood Alcohol Content
Blood Alcohol Concentration
Borkenstein, Robert Frank:
Mr. Borkenstein started his career as a police officer and then went on to invent a machine that purported to measure alcohol in a person’s breath. He lived from August 31, 1912 until August 10, 2002.
Think of cannabis as the generic name for all things marijuana. Three week known species of cannabis are: (1) Cannabis sativa; (2) Cannabis ruderalis; and (3) Cannabis indica.
It is one of some one of the cannabinoids in cannabis (think the generic name for marijuana plant). CBD does not cause impairment.
“The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing.” See A.R.S. § 13-201. Requirements for Criminal Liability.
To “drive” means to operate or be in actual physical control of a motor vehicle.
NHTSA’s DEC program recognizes seven (7) drug categories of impairing drugs: (1) CNS depressants; (2) CNS stimulants; (3) Hallucinogens; (4) Dissociative anesthetics; (5) Narcotic analgesics; (6) Inhalants; and (7) Cannabis.
Drug Impaired Driving
DUID (Driving Under the Influence of Drugs)
An Arizona DUI with an alcohol concentration of .150 or greater.
Failure to Appear Warrant
A warranted issued by a judge for not appearing at a required court appearance.
Field Sobriety Testing
“Felony” means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See A.R.S. § 13-105.
Grand Rapids Dip
Hospital Blood Draws
Ignition Interlock Device
Impaired to Slightest Degree
The standard required for a DUI conviction.
Implied consent is a legal presumption, created by the Arizona legislature, that a driver has provided consent for a chemical test and to provide a sample of blood, breath or urine sample. Arizona’s Implied consent law is found in A.R.S. § 28-1321. The statute provides in part:
A. A person who operates a motor vehicle in this state gives consent, subject to § 4-244, paragraph 34 or § 28-1381, 28-1382 or 28-1383, to a test or tests of the person’s blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or § 4-244, paragraph 34 while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle in this state either:
1. While under the influence of intoxicating liquor or drugs.
2. If the person is under twenty-one years of age, with spirituous liquor in the person’s body.
See the rest of the statute: A.R.S. § 28-1321
“Intoxication” means any mental or physical incapacity resulting from use of drugs, toxic vapors or intoxicating liquors. See A.R.S. § 13-105
Jail is for shorter terms incarceration.
In Arizona, the legal limit is sometimes called the per se limit for a DUI. It is a specific alcohol concentration which a person may not drive (or be in actual physical control) of a vehicle. In Arizona, that legal limit starts at .08 gm/ml of alcohol in your blood.
MADD Victim Impact Panel
Maricopa County Superior Court
In Latin means a guilty mind.
Relevant to the concept of mens rea in Arizona is A.R.S. § 13-202, which provides:
A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the elements of such offense, the prescribed mental state shall apply to each such element unless a contrary legislative purpose plainly appears.
B. If a statute defining an offense does not expressly prescribe a culpable mental state that is sufficient for commission of the offense, no culpable mental state is required for the commission of such offense, and the offense is one of strict liability unless the proscribed conduct necessarily involves a culpable mental state. If the offense is one of strict liability, proof of a culpable mental state will also suffice to establish criminal responsibility.
C. If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts intentionally, knowingly or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.
“Misdemeanor” means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See A.R.S. § 13-105.
Open Containers in Public
Operating a Vehicle Under the Influence (OVI)
Operating While Ability Impaired (OWI)
“Physical injury” means the impairment of physical condition. See A.R.S. § 13-105.
Preliminary Breath Test (PBT)
Presumption of Innocence
The law does not require a defendant to prove innocence. Every person alleged to have committed a crime is presumed by law to be innocent. A jury must start with the presumption that the accused is innocent.
Prior DUI Conviction
Quashing a Warrant
When a judge ordered that a warrant be ended it is called referred to as being “quashed.”
Recklessly (Reckless Disregard)
A person is aware of and consciously disregards a substantial and unjustifiable risk that conduct will result in something prohibited by Arizona law. The risk must be of such nature and degree that disregarding it is a gross deviation from what a reasonable person would do in the situation. See A.R.S. § 13-105.
Arizona law also provides that it is not a defense that a person who created such a risk was unaware of it solely because of voluntary intoxication.
“Recklessness” is more than merely engaging in “dangerous conduct” because of the conscious disregard for the known danger. State v. Huffman, 137 Ariz. 300, 670 P.2d 405 (App. 1983).
Restoration of Rights
SR-22 Insurance – Proof of Financial Responsibility
Substance Abuse Screening
Super Extreme DUI
Testing for Cannabis
Under the Influence
A “vehicle” means a “device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.” See A.R.S. § 13-105