Law Talk: Do’s and Don’ts for a DUI Stop in Washington State

AZGOHS

GOHS is determined to provide the leadership and funding to help reduce the threat of DUI drivers on Arizona’s roadways. As public attitudes have changed, the percentage of alcohol related crashes has decreased, but impaired driving still takes far too great a human and economic toll. The penalties for impaired driving in Arizona are severe and include mandatory jail time, thousands of dollars in fines and court fees, suspension of driving license or privilege to drive, vehicle impoundment and other expenses. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver’s license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.15 or more but less than 0.20 within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.20 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. FELONY DUI VIOLATIONS Arizona Revised Statutes 28-1383(A)(1) – Aggravated Driving or Actual Physical Control While Under the Influence/ DUI While Suspended for DUI. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381, section 28-1382 or this section while the person’s driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381 or section 28-1382 while a person under fifteen years of age is in the vehicle. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381, section 28-1382 or this section while the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device.

Keywords: [“drive”,”person”,”Section”]
Source: https://www.azgohs.gov/programs/default.asp?ID=14

If at the time of the third violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the alcohol concentration in the defendant’s blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. A violation of subparagraph of paragraph of this subsection is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle accident, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. Any reference to a prior violation of subsection or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection of this Section. Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection.

Keywords: [“violation”,”any”,”shall”]
Source: http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501