Many don't realize there is a difference. In Arizona both Arizona DUI and Arizona DWI charges are serious offenses. They both carry similar DUI penalties that include jail, fines, counseling, and ignition interlock device, and other punishments. It is when you get charged with an Arizona Extreme DWI that the mandatory minimum Arizona DUI penalties increase. Here's a breakdown defined:
- DUI (A.R.S. §28-1381 (A)(1)) Driving Under the Influence of intoxicating liquor (or drugs).
- DWI (A.R.S. §28-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of driving.
- EXTREME DWI (A.R.S. §28-1382) Driving with a Blood Alcohol Content (BAC) of 0.15% or greater within two hours of driving.
- SUPER EXTREME DWI (A.R.S. §28-1382(D)(1)) Driving with a Blood Alcohol Concentration of 0.20% or greater within two hours of driving.
The Arizona DUI Lawyer you choose to defend you against the DUI charges will explain that the key to your defense is to understand the difference between these charges
The DUI charge ((A.R.S. §28-1381 (A)(1)), by itself, does not require a breath reading or blood results. The prosecution can proceed with evidence of impaired driving based on the manner of driving, physical characteristics of impairment, field sobriety tests, and admissions to drinking.
The Arizona DWI charge of 0.08 (A.R.S. §28-1381 (A)(2)), including the Extreme DWI 0.15 or greater, and the Super Extreme DWI, 0.20 or greater, does require the driver to have a Blood Alcohol Content (BAC) at that level or higher "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."
One defense is that your level was not at that level at the time of driving due to a possible defense known as "retrograde extrapolation". If it can be shown that your BAC was below the legal limit, then you may not have been driving illegally according to the Arizona DUI laws. Other defenses may include operation of testing equipment, operator error, time of blood draw, method and procedure of breath test, etc.
This is important to evaluate because a conviction at the higher level will force the judge to impose a harsher sentence including more jail and higher fines and fees. The police and prosecutors get many chances at getting a conviction. They are there to prosecute not to defend. Call James Novak for your FREE consultation with an Arizona DUI lawyer. 413-413-1499.
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