LEGAL NEWS

Labor Day DUI Arrest?

Last year’s Labor Day DUI arrest were up 16% from 2013.  In addition the number of DUIs relating to suspected drug use were up last year from the prior year by 103, a 21% increase.  While it is legal to drink (if over 21) and use medicinal marijuana (with a card) it is not legal to operate a motor vehicle.  As it relates to drinking most people believe as long as their B.A.C  is below .08, then they can’t get a DUI.  This is in fact not the case, under Arizona DUI Law, an officer can arrest you for DUI if you drive “…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…”  This means alcohol, marijuana, even prescription drugs.

So even if an officer arrest you for a slightest degree DUI, you could face up to a maximum of 6 months in jail, plus fines of $2,500.00.  While for most first offense DUI’s the penalty is not typically this extreme, this is the maximum punishment that Arizona law provides.

So if you make the mistake of not taking a cab or having a designated driver and your Labor Day includes a DUI arrest, consider this, the cab or Uber ride which you decided not to pay $40 if you are lucky could only cost you time in tent city, about $3,000.00 in fines, the privilege of an interlock device, and no driver’s license for up to 90 days.

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