DRIVING WHILE IMPAIRED
Impaired to the Slightest Degree in Phoenix and Scottsdale, AZ
Impaired as a Matter of Law
PROFESSIONAL DUI LAW FIRM SERVICES IN PHOENIX, AZ
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:
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.
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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.
BLOOD- ALCOHOL CONCENTRATION grams/100 mL
STAGE OF ALCOHOLIC INFLUENCE
CLINICAL SIGNS/SYMPTOMS
0.01-0.05
Subclinical
Influence/effects usually not apparent or obvious Behavior nearly normal by ordinary observation Impairment detectable by special tests
0.03-0.12
Euphoria
Mild euphoria, sociability, talkativeness Increased self-confidence; decreased inhibitions; Diminished attention, judgment and control; Some sensory-motor impairment; Slowed information processing; Loss of efficiency in critical performance tests
0.09-0.25
Excitement
Emotional instability; Loss of critical judgment; Impairment of perception, memory and comprehension; Decreased sensitory response; Increased reaction time; Reduced visual acuity & peripheral vision; and slow glare recovery; Sensory-motor incoordination; Impaired balance; Slurred speech; Vomiting; Drowsiness
0.18-0.30
Confusion
Disorientation, mental confusion; Vertigo; Dysphoria; Exaggerated emotional states (fear, rage, grief, etc); Disturbances of vision (diplopia, etc.) and of perception of color, form, motion, dimensions; Increased pain threshold; Increased muscular incoordination; Staggering gait; Ataxia apathy, lethargy
0.25-0.40
Stupor
General inertia; Approaching loss of motor functions; Markedly decreased response to stimuli; Marked muscular incoordination; Inability to stand or walk; Vomiting; Incontinence of urine and feces; Impaired consciousness; Sleep or stupor
0.35-0.50
Coma
Complete unconsciousness; Coma; Anesthesia; Depressed or abolished reflexes; Subnormal temperature; Impairment of circulation and respiration; Possible death
0.45+
Death
Death from respiratory arrest
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.
Misdemeanor DUI Penalties in Phoenix and Scottsdale, AZ
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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) 494-3444 or visit our contact page.
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That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.
Real Client's Husband, Phoenix, AZ
"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.
REAL CLIENT, PHOENIX, AZ
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.
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