Statutes

Driving While Impaired to the Slightest Degree



A.R.S. 28-1381(A)(1), states:
It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
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.
BAC Above .08

A.R.S. 28-1381(A)(2), states:
If the person has an alcohol concentration of 0.08 percent or more within two hours of driving or being in actual physical control of the vehicle, and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
Extreme DUI

A.R.S. 28-1382(A), states:
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20.
2. 0.20 or more.

In other words, a person driving with an blood alcohol content (BAC) of .15 or more they may be charged with Extreme DUI.

Penalties for being convicted of an Extreme DUI charge can include:
Driver License Suspension
Fines
Incarceration (a term of jail)
Installation of an Ignition Interlock Device
Substance abuse screening and recommended treatment


Aggravated/Felony DUI


A.R.S. 28-1383, states:
A) A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28-1381
(b) Section 28-1382
In plain English, a person may be charged with aggravated DUI if that person:
1. Has a suspended license and is charged driving while under the influence.
2. In a time within 7 years is convicted of a third (or more) DUI.
3. Receives a DUI while a minor under the age of 15 is in the vehicle.
Drug DUI
28-1381(A)(1) and A.R.S. 28-1381(A)(3) state in part:
A.R.S. 28-1381(A)(1) states that it is unlawful for a person to drive or be in actual physical control of a vehicle:
While under the influence of . . . 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.
A.R.S. 28-1381(A)(3) states that it is unlawful for a person to drive or be in actual physical control of a vehicle:
While there is any drug defined in section 13-3401 or its metabolite in the person’s body.


THEFT


A.R.S. 13-1802 states in part:
A. A person commits theft if, without lawful authority, the person knowingly:
1. Controls property of another with the intent to deprive the other person of such property; or
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or
3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or
5. Controls property of another knowing or having reason to know that the property was stolen; or
6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so.


MANSLAUGHTER


A.R.S. 13-1103 states in part:
A. A person commits manslaughter by:
1. Recklessly causing the death of another person; or
2. Committing second degree murder as defined in section 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or
3. Intentionally aiding another to commit suicide; or
4. Committing second degree murder as defined in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or
5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.


NEGLIENT HOMICIDE


A.R.S. 13-1102 states:
A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.
B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:
1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Negligent homicide is a class 4 felony.


DRUGS


A.R.S. 13-3405 states in part:

A. A person shall not knowingly:
1. Possess or use marijuana.
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

 

A.R.S. 13- 3406 states in part:

A. A person shall not knowingly:
1. Possess or use a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription of a prescriber who is licensed...

A.R.S. 13-3407 states in part.

A. A person shall not knowingly:
1. Possess or use a dangerous drug.
2. Possess a dangerous drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.
4. Manufacture a dangerous drug.
5. Administer a dangerous drug to another person.
6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.
7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.

SEX MISCONDUCT


A.R.S. 13-1404. states:
A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.
B. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705.

A.R.S. 13-1405 states:

A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was the minor's parent, stepparent, adoptive parent, legal guardian or foster parent or the minor's teacher or clergyman or priest and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.

C. For the purposes of this section, "teacher" means a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.

 

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