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Arizona Felony DUI Laws
DUI or Driving Under the Influence cases in Arizona can be seen as misdemeanors. They can also be considered as cases of felonies. The penalties for DUI in Arizona actually depend on the nature of DUI. It also depends on the criminal background of the defendant.
Arizona DUI cases are treated as felonies when the accused person has a DUI background within 5 years of the recent offense. The offense is classified as felony if the person has two or more DUI or DWI (driving while intoxicated) convictions earlier. These earlier charges can belong to the territorial jurisdiction of another state, whereas the current offense takes place in some other place. Another instance of DUI felony in Arizona takes place when a person is accused during the suspension period of his driving license. Another instance is when a child below 15 years of age is present within the car at the time of drunken driving offense.
Felony drunk driving in Arizona specifically refers to “bodily injury” or "substantial bodily harm” committed when an individual drives under harmful influence of an intoxicating liquid or under the combined influence of a drug and liquor.
Arizona DUI Prosecution
In Arizona the slightest degree of impairment due to the consumption of alcohol can lead to arrest. If you violate “per se” law and have a blood alcohol level exceeding the limit of 0.08% within couple of hours of driving you can be arrested. Driving under the Influence cases in Arizona are usually prosecuted in either of two ways.
DUI cases in Arizona are subjected to trial by a jury comprised of six people. The accused may also approach a judge if he or she is against jury trial. You can search for the details online or visit the Motor Vehicles Department of Arizona at http://www.azdot.gov/MVD/.
Arizona Extreme DUI
Arizona DUI cases are termed “extreme” when the blood alcohol level is 0.15% or more. If you are found with this high blood alcohol level within two hours of driving a motor vehicle you can be prosecuted by the law. Minors who are under the age of 21 can be charged with DUI offense if they are found with considerable blood alcohol level in the body.
First Extreme DUI charges can put you behind bars for a period of 30 consecutive days. Such a charge might even lead to a fine of $250, a surcharge amount and other additional assessment expenses. The Motor Vehicle Department has the right to suspend the license of the driver for a span of 90 days. The court can suspend 20 days of your 30 days period of confinement if you are willing to take an alcohol or drug evaluation test and subject yourself to medical treatment.
One salient point about Arizona Extreme DUI is that it cannot be considered as Arizona Felony DUI. It is a case of misdemeanor. The penalty statement for such cases is less in comparison to DUI felonies, because the latter may prove fatal to human lives or cause damaging effects on property.
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