Visitor Out of State DUI in Arizona
Arizona is one of the most popular tourist destinations in the United States, and it welcomes millions of visitors every year into its borders. While most residents are already aware, many visitors do not know that Arizona also has some of the toughest out of state visitor DUI laws on the books of any state in the nation (link to main DUI page). To help familiarize you with how seriously Arizona treats DUI crimes, Arizona Revised Statute 28-1381states that:
- A person can be charged with a DUI if their blood alcohol content (BAC) is between .08% and .0149%, or if their BAC is between .05% and .08% but they are exhibiting signs of being under the influence
Also, and this is very important to understand because Arizona differs from many other states in this regard, if you register more than .00% and less than .05%, but exhibit signs of being under the influence, you can still be arrested and charged with a DUI crime.
- In some cases, a DUI conviction in Arizona can result in a visitor losing his or her privilege to drive in this state for varying periods of time
Due to the serious repercussions a DUI crime in Arizona can cause your personal and professional lives both here and back home, you should take DUI charges very seriously. If you find yourself arrested for an out of state DUI crime while visiting Arizona, it is extremely important to consult and retain a DUI law firm in Phoenix that has extensive experience defending DUI charges. It is also important to seek out an attorney who will aggressively fight to make sure your rights are being upheld throughout the entire legal process.
Does it Matter That I am a Visitor?
Simply stated, no it doesn’t. Arizona DUI laws do not discern between a visitor and a resident. Arizona places the burden on every visitor to familiarize him or herself with our DUI laws before undertaking the privilege to drive here. Failure on your part to do so is not grounds to claim ignorance to our laws with any hope for leniency.
- This includes Arizona’s mandatory jail sentence for even a first-time DUI offender, which can cause significant job and family issues if you have to serve a month in an Arizona jail
In some out of state DUI cases you can request to serve jail time in your home state, but there are no guarantees this request will be granted. Furthermore, if you are granted this request, you will be responsible for finding a jail in your area that will let you serve your sentence. This can especially be an issue in an area where the jails are overcrowded with local inmates.
Can I Skip out on my Trial if I don’t Return to Arizona?
If you choose to forgo your responsibility to appear before a judge, the court will issue a bench warrant for your arrest. When this occurs, police departments all across the country, including in your home state, will be electronically notified.
- Should you ever have contact with the police in your home state, or any other state for that matter, they will see the warrant and arrest you wherever you are at that time, and then contact the Arizona authorities to come get you
Arizona will notify your home state about your arrest on outstanding warrant charges. This can cause many difficulties, including interfering with your ability to renew your drivers license back home, your insurance rates, and more.
Why Should I Retain an Arizona Lawyer to Fight my DUI Charge?
Because an experienced, reputable Arizona lawyer understands our very strict DUI laws much better than an out-of-state attorney who is licensed to practice in Arizona. Among other things, an aggressive Arizona DUI attorney can possibly:
- Arrange for a first time offender to not have to appear in court personally for the pre-trial hearing, but instead act on behalf of the offender during that hearing, as well as for any negotiations that might occur with the prosecution
Trust Laboy Law DUI Law Firm Phoenix
The best way to avoid receiving an out of state DUI charge while you are visiting Arizona is to familiarize yourself with our laws, and then make sure you arrange for transportation if you imbibe alcohol while you are here. However, if you find yourself charged with a DUI crime while visiting Arizona, Laboy Law DUI law firm Phoenix can help by providing you with focused, aggressive legal assistance for DUI charges of all types and severities.
We can help defend you against out of state DUI charges by making sure your constitutional rights are being protected. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are charged with any type of DUI crime in Arizona, contact us today for a private, no obligation consultation at 602-777-3368.