Each day more than 300,000 people drive drunk. Each day around 800 people are injured in a drunk driving crash. Each day about 30 people die from drunk driving accidents. These are sobering statistics. Aware of this, Arizona has enacted some of the harshest driving under the influence (DUI) laws in the country. According to Mothers Against Drunk Driving (MADD), Arizona is one of the strictest states regarding DUI enforcement. For every state in the nation, MADD uses a rating between 1-5 based on a cumulative total that measures each state’s success in overall legislative measures and law enforcement support against drunk driving. Arizona has consistently received the highest score among the 50 states and is the only state currently receiving a perfect score of 5. Continuing, MADD has given Arizona zero recommendations and ways to improve its drunk driving laws and enforcement. As a leader in DUI laws and enforcement, it is to be expected that violating any of Arizona’s DUI laws leads to grave consequences. If that violation results in an injury, then prosecutors will not hesitate to place the full weight of the law on you and heighten the potential punishment.

Arizona has broad DUI laws. As a zero-tolerance state, Arizona law enforcement has the liberty to arrest anyone they suspect is driving while impaired or intoxicated. While a traditional DUI case occurs when someone is driving with a blood alcohol content (BAC) level of 0.08 or more; Arizona also brings charges against those who are under the influence of any controlled substance listed in A.R.S. § 13-3401, as well as those under the influence of any liquor or drug and are impaired to the slightest degree. If an injury occurs on the inside or outside of your vehicle and you violate one of these broad laws, you may be charged with felony or aggravated DUI under A.R.S. § 28-1383 or more typically, aggravated assault through A.R.S. § 13-1204. Because DUIs that inflict injury wield some of Arizona’s harshest penalties, it is important to know how they are charged and interact with other DUI laws.

Aggravated DUI and Penalties

In Arizona, there is no specific statute that addresses DUI’s that cause injury. Rather, the person is charged with committing aggravated assault using a vehicle. This aggravated assault charge is found using A.R.S. § 13-1204. That statute states that a person has committed aggravated assault if he knowingly, intentionally, or recklessly causes serious injury using a deadly weapon or dangerous instrument. In Arizona, if you violate a DUI law, then it is presumed that your behavior is legally presumed reckless. Thus, because a vehicle is a “dangerous instrument,” and driving drunk is reckless behavior, a drunk driver who injures someone will satisfy this statute.

That person will then have to deal with DUI injury penalties and the brutal consequences. Those consequences could include: a prison sentence up to 21 years, enormous fines, a license suspension of at least 3 years. You will be required to attend traffic school, drug/alcohol screening and counseling, receive driving record marks, and to install an ignition interlock device on all your vehicles. Because of these devastating penalties, it is vital that you understand Arizona’s DUI laws and why securing a competent attorney will ultimately be the deciding factor in your case.

Arizona’s Broad DUI Laws

Receiving a DUI for having a BAC level of 0.08 is common knowledge. Lesser known is how the DUI law works regarding drug impairment and the slightly impaired DUI. In Arizona there are two sections to its DUI statute that forbid driving while under the influence of drugs, A.R.S. § 28-1381(A)(1) and A.R.S. § 28-1381(A)(3). Both sections forbid someone from driving or being in actual physical control of a vehicle while under the influence of a drug. However, if the person accused of a DUI had ingested a drug not listed in A.R.S. § 13-3401, then the state is required to prove that person was actually impaired to the slightest degree under A.R.S. § 28-1381(A)(1). When a person is under the influence of a drug listed in A.R.S. § 13-3401 or its metabolite, then the state does not need to prove actual impairment. This is because under A.R.S. § 28-1381(A)(3) if a person ingested a drug listed in A.R.S. § 13-3401 or its metabolite, that person is legally presumed impaired. For example, if you were arrested for suspicion that you were driving under the influence of marijuana, you could be charged with both A.R.S. § 28-1381(A)(1) and A.R.S. § 28-1381(A)(3). To prove your impairment, law enforcement would perform a chemical test (typically a blood analysis) to prove that you were under the influence of the impairing drug. The test results would be analyzed and if shown to have had marijuana in your system, you would be presumed to have driven under the influence. The Arizona Supreme Court has ruled that as long as a chemical test reveals any impairing metabolite in the person’s body then that person has violated A.R.S. § 28-1381(A)(3). If, however, no impairing metabolite is found, then A.R.S. § 28-1381(A)(3) is inapplicable and cannot be used. But that may not completely absolve the person of DUI liability.

Slightly Impaired

After escaping A.R.S. § 28-1381(A)(3) liability, defendants must overcome another obstacle, A.R.S. § 28-1381(A)(1). This section makes it unlawful for a person to drive or be in actual physical control of a vehicle if that person is impaired to the slightest degree by the influence of alcohol or any drug. So, using this statute you may be convicted of a DUI for having a BAC level of below 0.08 or having used a perfectly legal to possess drug. This statute is clearly broad and easy to prove so it is seen in nearly every DUI case.

In any DUI case, if the state is unable to prove that the defendant had a BAC level of 0.08 or higher or an impairing metabolite in his body, then A.R.S. § 28-1381(A)(1) permits the court to still assign the defendant a DUI violation.

To succeed on a DUI charge for being impaired to the slightest degree, the state must prove two things:

1. The defendant was under the influence of alcohol or a drug; and
2. The defendant was impaired to the slightest degree by reason of the alcohol or drug.

This is determined by a jury, who receives no instruction on what impaired to the slightest degree means or looks like. All the jury may rely on is the evidence presented at trial. That evidence will likely include the defendant’s driving habits, presence of a collision, field sobriety test performance, and the results from any blood drawn from the defendant. How law enforcement first suspected the defendant may also provide the jury with incriminating evidence. Most of the time, law enforcement begins a DUI investigation after noticing someone swerving between lanes, speeding, running a red light, making a wide turn, or failing to appropriately control their vehicle. These infractions will give rise to a suspicion that the defendant is impaired and the officer will then make a stop.

During that stop, a DUI investigation will be conducted. The investigation entails field sobriety tests. Commonly, these tests include the Horizontal Gaze Nystagmus, the Walk and Turn, One Leg Stand, and others. The tests are used to assess whether the individual has enough autonomous control of his muscles and functions to multitask without losing balance. These tests, as well as the traffic infractions that led to the stop will all be used to persuade the jury that the defendant was impaired. Because of the ample amount of evidence that the state will have, and the low threshold of “to the slightest degree,” this charge is extraordinarily problematic to overcome. If proven that you were impaired to the slightest degree, the state will now possess the lynchpin to its DUI with injury charge against you. Therefore, it is imperative to have trained experienced attorneys that know potential defenses for your case.

Let Us Help

Drug-related DUI’s can result in serious and harsh consequences that can carry a sentence of a class 1 misdemeanor for first time offenders. Fighting a drug-related DUI requires a team of highly experienced DUI lawyers to ensure you receive the best result possible. Let Gilbert DUI Lawyer’s criminal lawyers and their knowledge of Arizona’s DUI law guide you through the process. The legal battle ahead will be led by strong representation and diligence.