The Arizona DUI Lawyer blog understands that the law can somtimes be very confusing to people. Much myth, mystery and misundertanding surrounds legal matters due to the influence of parents, friends, peers and TV. To first understand what’s ‘going on’ you’ll need a quick and basic knowledege.
Here are the exact definitions related to ‘Underage Driving Under the Influence” from the Arizona Department of Public Safety.
Underage Driving Under the Influence
Title 4 – 244.33 states “For a person under the age of 21 years to operate or be in actual physical control of a motor vehicle while there is any spirituous liquor in the person’s body. A conviction for Underage DUI is a misdemeanor criminal conviction.”
Driving Under the Influence
Title 28-1381 states “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:
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.
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.
While there is any drug defined in Section 13-3401 or its metabolite in the person’s body.
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. A conviction of DUI is considered a Misdemeanor criminal conviction.
Extreme DUI
Driving Under the Influence with a Blood Alcohol Concentration of .15 or more
Title 28-1382 states “It is unlawful for a person to drive or be in actual physical control of a motor vehicle in this state if the person has an alcohol concentration of 0.15 or more within two hours of driving or being in actual physical control of the vehicle. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor. A conviction of Extreme DUI is considered a misdemeanor criminal conviction.
Aggravated Driving Under the Influence
Title 28-1383 states “ A person is guilty of aggravated driving or actual physical control while under the influence of an intoxicating liquor or drugs if the person does any of the following:
Commits a violation of section 28-1381 or 28-1382 or this section while the person’s driver license or privilege to drive is cancelled, suspended, revoked, or refused while a restriction is placed on the person’s driver license or privilege to drive as a result of violating section 28-1381, 28-1382, or under 28-1385.
Within a period of sixty months (5 years) commits a third or subsequent violation of section 28-1381, 28-1382, or this section.
Commits a violation of 28-1381 or 28-1382 while a person under 15 years of age is in the vehicle. A conviction of Aggravated DUI is considered a felony conviction.
