Driving under the influence (DUI) in Arizona carries severe penalties, and understanding the nuances of DUI charges is crucial if you find yourself facing such allegations. An Arizona Dui Lawyer can be your strongest advocate, helping you navigate the complexities of the legal system and protect your rights. This article breaks down different types of DUI charges in Arizona, highlighting the severity of each and why seeking expert legal counsel is essential.
Extreme DUI in Arizona
An Extreme DUI in Arizona is triggered when your Blood Alcohol Content (BAC) registers above 0.15% within two hours of driving or being in actual physical control of a vehicle. This charge escalates the penalties significantly compared to a standard DUI.
Conviction for an Extreme DUI not only reflects a higher level of intoxication but also brings substantially harsher consequences. The fines and fees are nearly double those of a first-time regular DUI, and the mandatory minimum jail sentence for a first offense is 30 days. The maximum jail time can reach up to six months. If you are facing an Extreme DUI, consulting an Arizona DUI lawyer is vital to understand your options and build a strong defense.
Super Extreme DUI: BAC of .20 and Above
While not officially termed “Super Extreme DUI” in Arizona law books, legal professionals use this term to describe a DUI with a BAC exceeding 0.20%. Arizona law imposes even stricter penalties for individuals found to be driving or in actual physical control of a vehicle with such a high BAC.
The penalties for a Super Extreme DUI conviction are considerable. Beyond the significant fines and fees, mandatory alcohol counseling and the installation of an Ignition Interlock Device (IID) for a minimum of 18 months are required. Perhaps most impactful is the substantial jail time, especially for a first-time offense. If you are charged with a DUI involving a BAC over .20, seeking immediate assistance from an experienced Arizona DUI lawyer is paramount to mitigate the severe repercussions.
Hit and Run Charges: More Than Just Accidents
The complexities of DUI charges extend beyond intoxication levels. Arizona law also addresses situations like “Hit and Run,” or Leaving the Scene of an Accident. Troublingly, individuals can sometimes be charged with Leaving the Scene even if they were not directly involved in causing the accident.
For instance, if someone is present when another person is involved in an accident and leaves the scene without offering themselves as a potential witness, they could face charges. Understanding these nuances is critical, and if you are facing Hit and Run charges, an Arizona DUI lawyer can clarify your legal standing and advise on the best course of action.
Vehicular Aggravated Assault: When a Vehicle Becomes a Weapon
Aggravated Assault charges involving a vehicle fall under the broader statutes concerning Aggravated Assault in Arizona. In these cases, prosecutors argue that the defendant “Intentionally, Knowingly, or Recklessly caused injury to another,” and that this injury was either a “Serious Physical Injury” or involved a “Deadly Weapon or Dangerous Instrument.”
Shockingly, the prosecution often classifies the vehicle itself as the “Deadly Weapon or Dangerous Instrument,” even though the vehicle was being used for its intended purpose. This means that Vehicular Aggravated Assault can be charged with the same severity as if someone intentionally used a weapon like a firearm. If you are facing Vehicular Aggravated Assault charges, it is critical to consult with an Arizona DUI lawyer to understand the serious nature of these allegations and build a robust defense.
Felony Flight: Responding to Law Enforcement
Felony Flight is typically an additional charge applied when an individual fails to stop promptly when signaled to do so by law enforcement using red and blue lights and a siren.
This charge commonly arises during police chases, where multiple police vehicles may pursue a vehicle that has not pulled over immediately. However, Felony Flight charges can sometimes be inappropriately applied even when someone does eventually pull over when they perceive it is safe, but not immediately. If you believe you have been wrongly charged with Felony Flight, an Arizona DUI lawyer can assess the circumstances and advocate for your rights.
Vehicular Manslaughter: Recklessness Resulting in Fatality
Vehicular Manslaughter in Arizona involves allegations that the defendant “Recklessly” caused the death of another person while using a vehicle. Regrettably, these charges are frequently prosecuted under general Manslaughter laws, which can maximize potential penalties.
Furthermore, prosecutors often argue that a vehicle in a Vehicular Manslaughter case is a “Deadly Weapon or Dangerous Instrument,” leading to charges of “Manslaughter Dangerous.” This significantly increases the severity of the charges and potential punishment. If you are facing Vehicular Manslaughter charges, the situation is incredibly serious, and engaging an experienced Arizona DUI lawyer is absolutely essential to navigate these grave allegations and protect your future.
Facing any DUI charge in Arizona can be daunting. The complexities of the law, combined with the severe potential penalties, make it imperative to seek qualified legal representation. If you or someone you know is facing DUI charges in Arizona, contacting an Arizona DUI lawyer is the first and most crucial step towards a strong defense and protecting your rights.