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TYPES OF DUI CHARGES

TYPES OF DUIs

Misdemeanor DUI

28-1381. Driving or actual physical control while under the influence

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. 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.

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

EXTREME  AND "SUPER" EXTREME DUI

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor;

A. 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 as follows 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:

1. 0.15 or more but less than 0.20.

2. 0.20 or more.

MISDEMEANOR PENALTIES

All misdemeanor DUI convictions have some combination of jail time, probation, counseling, and a fine.

If you want to know what you are facing in your specific case, please request a Free Consultation and we can figure it out for you.

FELONY DUI

28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

1. 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.

2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.

3. While a person under fifteen years of age is in the vehicle, commits a violation of either:(a) Section 28-1381.(b) Section 28-1382.

4. 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, commits a violation of section 28-1381, section 28-1382 or this section.

FELONY PENALTIES

Aggravated or Felony DUI convictions have some combination of incarceration in prison, probation, counseling and fines.

If you want to know what you are facing in your specific case, please request a Free Consultation and we can figure it out for you.

Alec Hanus

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Attorney Alec Hanus is a Tucson Criminal Defense Attorney dedicated to helping people solve their legal problems. Mr. Hanus is a former prosecutor and criminal defense attorney who will personally speak with you during a free initial consultation and offer you a realistic evaluation of your case.

Contact Us Today

Please feel free to call the Law Office of Alec Hanus at (520) 624-1403 at any time for a free initial consultation.