Standard First Offense DUI in Phoenix, AZ
Let’s Turn Two DUIs Into One
It’s not what you thought. Before today you had an idea of what a DUI was in your mind. Chances are you are discovering the offense is much different than you imagined.
An Arizona DUI Citation
Arizona law essentially divides a DUI into two legally separate, but factually related offenses. The specific statute that contains both offenses is A.R.S. 28-1381. The first way to violate the law is by driving while impaired by alcohol. The second is driving with an alcohol concentration of at least .08. Just about everyone arrested for a DUI in Arizona will get charged with, at least two, separate but related DUI offenses.
After being arrested you get a piece of paper called a citation. It’s just a list of everything they claim you did wrong. You expect it to say DUI. But, it says more. The citation claims that you committed two DUI’s. At this point, you’re thinking this is crazy. After all, how can someone get two DUI’s for the same case?
The Two Phoenix Arizona DUI Offenses
- Driving while being impaired to the slightest by alcohol
- Driving having an alcohol concentration of .08 or greater
What’s the Difference?
Scientifically speaking, there is not much difference between the two charges. It is generally accepted in the scientific community that if you have an alcohol concentration of .08, then you are impaired for the task of driving. Put another way, if you are impaired by alcohol, then you also likely have an alcohol concentration above the legal limit (and vice versa). The law makes a distinction without there being much of a factual difference as to what is going on in your body.
The real legal difference is the timing of a DUI violation. The impaired charge concerns your physical and mental condition at the time of driving. However, the per se charge that alleges your alcohol concentration is above the legal limit goes beyond the time of driving. It concerns your alcohol concentration up to 2 hours after driving.
Here’s the kicker: So how do your two DUI charges become one? The answer is Arizona DUI laws require that, if you are convicted of both charges, the penalties must run concurrently. Put another way, courts are not permitted to increase the penalty if you are convicted of both counts of DUI.
Why Two DUI Crimes?
The law’s legislative history does not state why Arizona’s DUI statute has two separate charges that basically mean the same thing. However, it’s fairly obvious it was (at least in part) to make defending DUI allegations more difficult.
Juries are not told anything about punishment. However, it’s human nature to think about it. In cases where they struggle to make a decision, sometimes they work backward using false assumptions about punishment. They come to think, in the end, that the judge will do the right thing. They do this not knowing a conviction removes a judge’s discretion from deviating from mandatory minimum sentences.
Therefore, despite being instructed not to compromise, it commonly occurs. They split the verdict by voting guilty on one count and not guilty on the other.
It's Not Only Driving. Arizona’s DUI laws cover more than just driving while impaired or being above the legal limit. Being in actual physical control of a vehicle is considered the same as driving.
Arizona DUI Laws
A.R.S. 28-1381(A)(1) - Impaired | Driving or Actual Physical Control While Under the Influence
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of 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 is impaired to the slightest degree.
A.R.S. 28-1381(A)(1) - .08(+) | Driving or Actual Physical Control While Under the Influence
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
2. 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 and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
Phoenix, Arizona DUI First Offense FAQS
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 602-560-7837 today!
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What does Arizona law allow a person convicted a crime to appeal?This gets a little tricky but Arizona law only allows a person convicted of a crime to appeal a final judgment. For example, a final judgment of conviction after sentencing or the denial of a motion for a new trial. If a final judgment has not occurred then the appropriate mechanism is likely something called a special action.
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What is an appellate court mandate?
“The mandate is the final order of the appellate court, which may command another appellate court, superior court, or agency to take further proceedings or to enter a certain disposition of a case. An appellate court retains jurisdiction of an appeal until it issues the mandate.” Rule 31.22, Arizona Rules of Criminal Procedure.
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How long do you file to a notice of appeal from an Arizona misdemeanor DUI conviction?
Rule 31.2. Notice of Appeal or Notice of Cross-Appeal, Arizona Rules of Criminal Appeals
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How does an appeal of a DUI from City Courts to Superior Court work?
The is same as if you were appealing a decision from a city court. See the answer above.
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If I lose my appeal at the Superior Court, can I get a higher to review it?The is same as if you were appealing a decision from a city court. See the answer above.
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How can you contact the Court of Appeal?
Div. 1, Arizona Court of Appeals
Phone: 602-452-6700
Email: inform@appeals.az.gov
Location: 1501 W. Washington Street, Phoenix, 85007
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How do you file things with the court of Appeals?
Electronic filing is done though AZTurboCourt
https://turbocourt.com/go.jsp?act=actShowState&tmstp=1303166466042&id=11542622
Hiring an Experienced Scottsdale, Phoenix DUI/DWI Attorney
Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.
An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.
You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.
An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.
For more information, call our office at (602) 560-7837 or visit our contact page.
Hear From the People We’ve Helped
Testimonials and Reviews
At The Koplow Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Great trial attorney."
Lawrence is tenacious, relentless, and extremely passionate about his clients and their cases. He leaves no stone unturned in his investigations, and his cross examinations are grueling. His knowledge of the science of DUI's and the testing procedures is unsurpassed. Great trial attorney.
- Jesse S. -
"Unquestionably one of the top DUI/ criminal defense attorneys in Arizona."As a practicing attorney in DUI and criminal defense, and as a former prosecutor who went against Lawrence on several cases, I can attest that the State knows they will have their hands full when Lawrence is on the case.- Ryan M.
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"You cannot go wrong with Lawrence."
Great attorney! Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.
- Charity C. -
"No other lawyer knows the science of DUI like Lawrence does."Lawrence is the best lawyer I have ever met. If your career is on the line then he is the guy. No other lawyer knows the science of DUI like Lawrence does. I will be forever grateful!- Greg S.
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"It was miracle!"
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond.
- Joe C. -
"One of the best."Lawrence Koplow is one of the best DUI and vehicular defense attorneys in the state of Arizona. Anyone would be extremely fortunate to have him as their advocate.- Jack L.
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"You cannot go wrong with Lawrence."Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.- Charity C.
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"Nobody knows the court and laws better than him."Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors' worse nightmare, and it should be that way if you need an attorney.- David E.
DUI Library
The best DUI defense stuff that only a few know and none want to share. A one of a kind annotated resource for lawyers, people accused, or anyone who wants to see what’s going on in our justice system with DUI cases… and how to fix it.
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Scottsdale DUI Definitive GuideScottsdale DUI Definitive Guide
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The Definitive Guide to Defeating an Arizona DUIThe Definitive Guide to Defeating an Arizona DUI
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Field Sobriety Tests in Arizona DUI CasesField Sobriety Tests in Arizona DUI Cases
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Warrantless Blood Draws in Arizona DUI CasesWarrantless Blood Draws in Arizona DUI Cases
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Right to Counsel in Arizona DUI CasesRight to Counsel in Arizona DUI Cases
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Failure to Preserve EvidenceFailure to Preserve Evidence
