Driving Under the Influence

 Drugs, Alcohol, and Vapor Releasing Substance What is Driving Under the Influence?

Driving under the influence (“DUI”) means that you are driving while impaired by drugs, alcohol, and/or a vapor releasing substance [1]. A person is considered impaired if they cannot multitask- mentally or physically- as this is a critical skill as a driver. For example, a driver approaching a stoplight is expected to see the stoplight, use his hands to steer within one lane, and use his foot to press the breaks, all at the same time. With regards to alcohol, a person is presumptively impaired if their blood alcohol content (“BAC”) is found to be 0.8% or more. Impairment by drugs or a vapor releasing substance is determined through field sobriety tests given to you by the police officer.

What are the Consequences?

The Maricopa District Attorney will charge you with a DUI if you performed poorly on the field sobriety tests given to you by the police officer or gave a blood sample that showed the presence of drugs or alcohol. The consequences that you face depend on the amount of alcohol or drugs found in your blood, why you were stopped (ie: headlight versus collision), and whether you have any prior DUI offenses.

Most DUIs are charged as Class 1 misdemeanors [2]. A first time DUI offender in Maricopa with a BAC of 0.8% or more will definitely face the following consequences: 1 day in jail [3], 3 years probation, drivers license suspension, court fines [4], and a mandatory alcohol screening and education. Additionally, based upon the Judge or DMV’s discretion, a first time offender may face installation of an ignition interlock device, community service hours, and restitution.

A first time DUI offender in Maricopa with a BAC of .15% or more will face the above mentioned penalties as well as up to 30 days in jail and 5 years of probation.

Some DUIs are charges as felonies if they carry certain aggravated factors. These aggravating factors are: prior DUI within the last 7 years, existing court order to use an ignition interlock device, passenger under the age of 15, and license is suspended or revoked. If you are facing a felony DUI, you will be facing more severe consequences than the ones enumerated above for a misdemeanor sentence. For example, a second time DUI offender will face 30 days in jail, higher fines [5], 1 years drivers license suspension, and community service.

How We Can Help You

If you want to win your DUI case, Lavy Law is the best firm to help you. As a past prosecutor who has handled a multitude of DUI cases, we know how to get your charge dismissed or reduced. As a trial attorney who has won 100% of DUI cases at trial with every kind of defense, we know how to win your case before a jury or judge. As a counselor at law who has helped many clients with drug and alcohol addictions through connecting them with community resources, we know how to empower you during this intimidating process like a coach would during a game.

We urge you to read our Recent Cases to see that we have won a case just like yours.

If are you being accused of a driving under the influence offense, Contact Us for a free consultation.


[1] ARS §28-1381(A)(1)

[2] A misdemeanor is defined as a less serious crime than a felony, punishable by one year or less in local county jail.

[3] The Court will sentence you with 10 days in jail, but suspend 9 of the days such that you are only serving one day. Suspension means that you only have to serve the time if you violate probation.

[4] Fines include a $250 court fine, $500 fine for the public safety fund, and $500 fine for the prison construction and operations fund. ARS §28-1381(K).

[5] Fines include a $250 court fine, $250 fine for the public safety fund, and $250 fine for the prison construction and operations fund. ARS §28-1381(K).