DUI/DWI

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Different DUI/DWI Offenses:

There are several different DUI/DWI offenses which can be charged. Any DUI/DWI related offense is very serious and requires experienced and expert representation.

Driving While Impaired to the Slightest Degree, A.R.S. 28-1381(A)(1)--"DUI"
It is unlawful to drive, or to be in actual physical control, of a vehicle while under the influence of any intoxicating liquor, any drug, or any combination of liquor or drugs. It is not necessary to be "drunk" nor does this charge require a blood, breath, or urine test. The State is only required to prove that a person's ability to operate their vehicle was impaired "to the slightest degree".

Driving With a Blood Alcohol Concentration of .08% or Above, A.R.S. 28-1381(A)(2)--"DWI"
It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .08% or more [.04% if commercial vehicle, A.R.S. 28-1381(A)(4)] within two hours of driving or being in actual physical control. The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control.

DWI-Drugs, A.R.S. 28-1381(A)(3)
It is unlawful to drive, or to be in actual physical control, of a vehicle while there is any illegal drug, or its metabolite, in the body. The State is not required to prove impairment nor is the State required to prove a specific amount of drug in the body. The State is only required to prove that an illegal drug was present in the body while driving or being in actual physical control.

Driving While Under the Extreme Influence of Intoxicating Liquor, A.R.S. 28-1382--"Extreme DWI"
It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .15% or higher within two hours of driving or being in actual physical control. The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control. The "Extreme DWI" charge does not require the State to prove that a person was "really drunk", only that the blood alcohol level was .15% or higher. The "Extreme DWI" statute mandates substantially increased penalties for a higher blood alcohol concentration. If the blood alcohol concentration is .20% or higher, commonly referred to as "Super Extreme DWI", then additional enhanced penalties are imposed.

Aggravated Driving While Under the Influence of Intoxication Liquor, A.R.S. 28-1383--"Felony DWI"
There are four different "Felony DWI" offenses:

1. If a person commits any DUI/DWI offense, as defined in A.R.S. 28-1381 or 28-1382, and the person's driver's license, or privilege to drive, is suspended, cancelled, revoked, refused or restricted. A.R.S. 28-1383(A)(1).
2. If a person commits any DUI/DWI offense, as defined in A.R.S. 28-1381 or 28-1382, and within an eighty-four month period (7 years) has two or more prior DUI or DWI convictions. A.R.S. 28-1383(A)(2).
3. If a person commits any DUI/DWI offense, as defined in A.R.S. 28-1381 or 1382, while a person under fifteen years of age is present in the vehicle. A.R.S. 28-1383(A)(3).
4. If a person commits any DUI/DWI offense, as defined in A.R.S. 28-1381 or 1382, while the person is required to equip any vehicle with a certified ignition interlock device. A.R.S. 28-1383 (A)(4).

It is also unlawful to operate an aircraft, watercraft or water skis while under the influence of intoxication liquor.

If charged with a DUI/DWI, you are facing serious consequences. For experienced and expert representation for any DUI/DWI related offense contact the Law Office of Billy K. Sipe, Jr. for your best defense.