What is a Regular DUI?
So, if you've been arrested for a DUI, you probably were cited with multiple charges and you're probably wondering what those multiple charges mean.
When a defendant is arrested for a regular DUI, that usually mean that—one of two things. That usually means that they're either impaired by alcohol or they might be impaired by drugs. There's a couple of different theories that someone could be charged with committing those type of offenses. The main charge that most people get charged with for DUI is that they are above the legal limit. In Arizona, the legal limit of blood or breath alcohol concentration is 0.08. If a defendant submits to a scientific test, such as an Intoxilyzer or a blood test, if their blood or breath alcohol limit is above a 0.08, in Arizona, they are presumed to be impaired and they are per se, guilty of a DUI.
Being above the legal limit is not the only way that you can be convicted or charged with a DUI. If you consume drugs or illegal drugs, and you have that in your system, you can also be convicted of a DUI. That is referred to commonly as an A3 Charge. So, if you are using illegal drugs, if it's in your system, no matter how recent you consumed it—those illegal drugs, or whether you're really impaired by them at all, you could be found guilty of a DUI. If you use drugs but you have a prescription for the drugs, you have to show that you use those drugs in the manner that they were prescribed to you. So, that would be a defense if you had some drugs in your system. Sometimes they are some narcotic drugs that are still prescribed to patients and you have to prove to the trier of fact that you were lawfully taking those drugs.
The A1 Charge, is what it's referred to, is that if you are impaired by alcohol or drugs, even to the slightest degree, you could be found guilty of a DUI. So, what that means is a couple of things. You could be below the legal limit of a 0.08, but if the State can prove that you are still impaired by that alcohol, to the slightest degree, then you could be found guilty beyond a reasonable doubt. If you use prescription drugs and even if you use those prescription drugs under a valid prescription and are using the drugs as prescribed, if by taking those drugs, it still impairs your ability to drive, to the slightest degree, you could still be found guilty of a DUI.
That is why it's important to talk to a defense attorney to find out what your defenses are in a DUI case, because presumably, you could be below the legal limit or you could be using your drugs as prescribed and still be found guilty of a DUI. You could be found guilty of a regular DUI. So, it's always best to consult with an attorney as soon as possible to find out what your rights are in a DUI case and what your defenses are.
So, if you have any questions about a criminal case, please give my office a call. Let's find out if your case is something we can help you with. Call my office at 928-753-6868 or visit my website at HampLaw.com.