Driving While Impaired
Impaired as a Matter of Law
If you are arrested for DUI, Extreme DUI, or Super-Extreme DUI, most likely these charges include and allegation that you were impaired to at least the slightest degree. Here is what it means to be “impaired” under an Arizona DUI law. Arizona law has created two ways to violate the first offense DUI laws. Accordingly, in Arizona DUI means:
- Driving while impaired to the slightest degree by alcohol or a drug; or
- Having an alcohol concentration above a statutory limit within 2 hours of driving.
So, how do you define “impaired to the slightest degree”? Let’s find out.
What Does Being Impaired Mean?
The legislative history of Arizona’s DUI law (A.R.S. 28-1381) does not tell us the reason why they left such an important term up for interpretation. While there were probably several reasons, one seems fairly obvious, once you understand what impairment really means in the context of alcohol consumption.
You cannot determine if a person is impaired at performing a task (like walking, standing on one leg, or dancing) unless you know how they normally perform that task – without consuming alcohol. That being said, we know it does not mean driving while intoxicated. It is a lower threshold.
Under the Influence v. Impaired
The law makes an important, but often overlooked, distinction between being under the influence of alcohol and driving while impaired. Let’s look at the DUI law. The jury instructions in a DUI case where a person is alleged to have been driving impaired by alcohol.
Stages of Acute Alcoholic Influence/Intoxication
- Driving or Actual Factual Control... [OR]
- Driving Under the Influence of an Intoxicating Liquor or Drug... [AND]
- Impaired to the Slightest Degree
Notice that the proof of a person was under the influence of alcohol is not sufficient to make them guilty of the DUI.
To illustrate, you can consume alcohol resulting in a flushed face or a feeling relaxed.
That is just being under the influence of an intoxicating beverage. However, impairment goes beyond those effects.
Your Specific Baseline
The effects of alcohol on the human body are studied by toxicologists. In the field of toxicology, impairment is defined as a measurable difference between the way a person normally performs a task, and how they perform the same task less effectively, because of the consumption of alcohol.
To determine if any form of impairment is present you need to know what a person’s baseline abilities are for that task. A police officer who meets you for the first time – during a traffic stop – has no way to know your baseline motor skill abilities for any given task.
Stages of Acute Alcoholic Influence/Intoxication
Dr. Kurt Dubowski was considered one of the foremost expert’s regarding the effects of alcohol on the human body. In 1953, he conceived and subsequently published a chart illustrating the stages of Alcohol Influence that is still used today in impaired driving cases. His BAC interpretation table was updated in 2012.
The Progression of Alcohol's Effects
The specific effects – of a specific alcohol concentration – will vary to some degree from person to person. However, the order of things effected by alcohol in the human body always remains the same. It’s a rigid progression. If the observed symptom do not fit this progress then alcohol is likely not the cause of the impairment.
To determine if any form of impairment is present you need to know what a person’s baseline abilities are for that task. A police officer who meets you for the first time – during a traffic stop – has no way to know your baseline motor skill abilities for any given task.
Hiring an Experienced Impaired Driving Attorney in Phoenix, AZ
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.
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"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.
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"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.
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"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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Traffic Stops in Arizona DUI CasesTraffic Stops 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
