Areas of Practice
Automobile Accidents
Class Action
Complex Spine Cases
Dog Bites
DUI
Fatalities
Motorcycle Accidents
Slip and Falls
Toxic Mold
Traffic Tickets
Traumatic Brain Injury
Truck Accidents

DUI, also known as driving under the influence, is a serious crime in Arizona. At Lerner & Rowe, PC., we are devoted to relieve your stress and frustration with this crime. Our attorney’s will go to court as many times as it takes to protect your individual rights.

We want to help protect your rights and work hard to negotiate the best possible deal for your DUI ticket(s). When a plea bargain cannot be negotiated, our attorneys provide experienced legal representation for their defendants at trial. We will not recommend that a client plea guilty to DUI unless, after our investigation, we believe such a plea would be in our client's best interest.

DUI Information

DUI A.R.S. Section 28-1381(A1)

It is unlawful for a person to drive or be in actual physical control of a vehicle 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.

The DUI charge does not require proof of a chemical test or information regarding the suspect's blood alcohol content.

DWI A.R.S. Section 28-1381 (A2)

Driving While Intoxicated (DWI) requires a Blood Alcohol Concentration (BAC) of 0.08 or more within two hours of driving or being in actual physical control of the vehicle. A DWI arrest requires the suspect take a blood, breath or urine test to determine the BAC.

Extreme DWI A.R.S. Section 28-1382

Extreme DWI requires a BAC of 0.15 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.

This charge also calls for the driver to take a blood, breath or urine test to determine the BAC and an extreme DWI conviction carries a much larger penalty than the DUI or DWI charge.

Aggravated DUI A.R.S. Section 28-1383

A person is guilty of aggravated DUI when he or she meets the following:

1. The accused driver's license is suspended, restricted, revoked, canceled, etc.
2. The accused commits a third or subsequent DUI, DWI,  Extreme DWI, or any combination within a period of 84 months (7 years).
3. The accused driver has a passenger less than 15 years of age in the vehicle.

Underage Driving Under the Influence A.R.S. Section 4-244

A driver under the age of 21 who is driving or in physical control of a motor vehicle while there is any spirituous liquor in the person's body.

The under 21 driver often receives the charges of A.R.S. Section 28-1381(A1) and (A2) - DUI and DWI- in addition to the underage DUI charge.