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GENERAL INFORMATION

Why was I charged with two different offenses?
Q.

Why was I charged with two different offenses?

A.

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 an 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 non-consensually, he/she will only be charged with driving under the influence assuming the officer has enough evidence to establish probable cause for the arrest.

Additionally, it is a class six felony if either of these offenses is committed while a child who is fifteen years of age or younger is in the vehicle.


Your Tucson DUI attorney wants you to be well informed. We are providing these FAQs to educate you on your rights and responsibilities.

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What are the typical penalties for a DUI Conviction?

License Suspension

Fines

Community Service

Probation

Mandatory Counseling

Alcohol Treatment

Possible Incarceration

Insurance Cost Increase

(500% to 1000%)

DUI Conviction on Credit Report

Adverse Effect on Future Employment

College Students - Suspension from Classes

Unemployment Benefits Eliminated

Military Personnel Sometimes Discharged

DUI Conviction Results in Criminal Record that is Never Removed!

Your Arizona DUI lawyer wants you to be well informed. We publish the DUI Law Journal to keep you informed of the latest news in DUI Law.

 

Trezza & Thrush
4011 E. Broadway, Suite 101, Tucson, Arizona 85711
Phone: 520.327.3442 / Fax: 520.327.0125
e-mail:
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