Monday, June 29, 2009

DUI law in Arizona provided by your Tucson DUI defense lawyer

There are two different classifications of drinking and driving offenses. First, it is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof. Second, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .08 or more within two hours of driving. These are separate charges. A driver can be charged with one or both. Usually, if a driver submits to a chemical test, which results in an alcohol concentration of .08 or more, he/she will be charged with both offenses. If a driver refuses to submit to a chemical test and none is performed nonconsensually, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest). A person charged and convicted of one or both of the aforementioned is guilty of a class one misdemeanor.

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