ARS 28-1381 (A)(2) Standard DUI

Arizona DUI Defense From The Shah Law Firm

Being charged with a Driving Under the Influence (DUI) offense in Arizona is serious.

It’s tied to a specific law known as ARS 28-1381 (A)(2). We’ve created this easy-to-follow guide to help you better understand this law and its meaning.

In this comprehensive guide, we’ll delve into the following topics:

• Understanding ARS 28-1381 (A)(2): The Definition of a Standard DUI in Arizona
• The Intricacies of “Actual Physical Control” in Arizona DUI Law
• Factors to Consider in Determining “Actual Physical Control”
• Penalties for a Standard DUI under ARS 28-1381 (A)(2)
• The Process of a DUI Arrest in Arizona: A Step-By-Step Overview
• Your Rights During a DUI Arrest in Arizona
• Top 5 FAQs About ARS 28-1381 (A)(2)

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Understanding ARS 28-1381 (A)(2): The Definition of a Standard DUI in Arizona

According to the Arizona Revised Statutes, a person may violate this law if they are in actual physical control of a vehicle and are under the influence of drugs, alcohol, 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.

This gives Arizona some of the strictest DUI laws in the nation, recognizing that even slight impairment can be dangerous when operating a vehicle.

The Intricacies of “Actual Physical Control” in Arizona DUI Law

While it’s fairly straightforward that driving a vehicle while under the influence of alcohol or drugs is a violation of Arizona law under A.R.S. § 28-1381(A), the statute goes further to encompass those who are in “actual physical control” of a vehicle while intoxicated.

But what exactly does this term mean, and how does it differ from simply “driving” a vehicle?

Arizona courts have clarified the distinction between actively driving a vehicle and being in “actual physical control” of one.

In fact, under specific conditions, a person could be considered to have “actual physical control” of a vehicle while under the influence – thereby violating the law – even if they aren’t actively driving or if the car isn’t in motion.

In a 2009 court case, State of Arizona v. Zaragoza, the Arizona Supreme Court provided further guidance on interpreting “actual physical control.” They determined that when a jury is tasked with deciding whether a defendant was in “actual physical control” of a vehicle while under the influence, they should consider the entire context, as presented by the evidence.

They should evaluate whether the defendant’s existing or impending control of the vehicle posed a real risk to themselves or others at the time.

Factors to Consider in Determining “Actual Physical Control”

To establish whether a person was in “actual physical control” of a vehicle, the jury can consider several factors, including but not limited to:

• Was the vehicle running, or was the ignition on?
• Where was the ignition key found?
• Where was the driver located in the vehicle, and in what position?
• Was the person awake or asleep?
• Were the vehicle’s headlights on?
• Where was the vehicle parked or stopped?
• Had the driver voluntarily pulled off the road?
• What was the time of day and the weather conditions?
• Were the vehicle’s heater or air conditioner running?
• Were the vehicle’s windows up or down?
• What does the evidence suggest about the circumstances?

This list demonstrates that in Arizona, a person could be convicted of a DUI even if they weren’t actively driving the vehicle while intoxicated.

If the “totality of the circumstances,” as demonstrated by the evidence, implies that their control of the vehicle posed a substantial danger to themselves or others, they could be found guilty under A.R.S. § 28-1381(A).

Penalties for a Standard DUI under ARS 28-1381 (A)(2)

Arizona’s tough stance on drinking while driving reflects its penalties for a standard DUI under ARS 28-1381 (A)(2).

A first offense carries a minimum jail term of 10 consecutive days, but eligibility for probation, suspension, or other relief can reduce this to 24 hours. 

Beyond jail time, a first-offense misdemeanor DUI can have considerable financial implications.

Below is an overview of the potential costs you could face:

• Court Imposed Fines and Surcharges: These may add up to approximately $2,500, although this figure can fluctuate depending on the specific local jurisdiction fees.
• Incarceration Costs: The expenses related to jail time can reach up to around $400.
• Alcohol Screening Expenses: Expect to spend roughly $100 for mandatory alcohol screening.
• Alcohol Education Programs: The cost of mandatory alcohol classes often reaches approximately $1,000.
• Ignition Interlock Device: Installation and maintenance of this device can cost you about $1,500.
• Insurance Policy Increase: Your insurance policy could increase by about $1,500 due to the DUI.
• Additional Auto Insurance Premiums: You could pay around $9,000 in additional car insurance premiums over the following years.

When you add these expenses, the financial impact of a first-offense misdemeanor DUI in Arizona can amount to an estimated $16,000.

It’s a significant sum highlighting a DUI conviction’s severe consequences.

The Process of a DUI Arrest in Arizona: A Step-By-Step Overview

Every citizen should know the protocol police officers should follow when making a DUI arrest in Arizona. Each step is essential, and understanding them can be crucial in defending your rights:

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