Understanding Added Charges in Arizona DUI Cases
If you’ve been charged with DUI in Arizona, you might be surprised to find that one charge quickly turns into multiple charges. Many clients wonder why they’re facing several counts for what seemed like a single incident of driving under the influence. As a Tucson DUI attorney, I’ve seen this happen countless times, and it’s important to understand why it occurs and how it can impact your case.
In Arizona, DUI charges are often layered, meaning the state files multiple charges based on the same set of facts. This can make your case seem more serious than it actually is, and it’s essential to understand why this happens and what it means for your defense strategy.
Why Does Arizona Add Charges in DUI Cases?
One of the most common questions I hear from clients is, "Why am I facing multiple charges for one DUI?" The answer lies in Arizona’s DUI statutes and the way the law is written. DUI laws in Arizona allow prosecutors to charge drivers with multiple offenses that all stem from the same conduct. This is known as "stacking" charges, and it often includes the following:
A.R.S. § 28-1381(A)(1) - Impaired to the Slightest Degree: This charge alleges that your ability to operate a vehicle was impaired, even slightly, by alcohol or drugs.
A.R.S. § 28-1381(A)(2) - Blood Alcohol Concentration (BAC) of 0.08% or More: This charge applies when your BAC is measured at or above the legal limit.
A.R.S. § 28-1382(A)(1) - Extreme DUI: If your BAC is 0.15% or higher within two hours of driving.
A.R.S. § 28-1382(A)(2) - Super Extreme DUI: If your BAC is 0.20% or higher within two hours of driving.
A.R.S. § 28-1381(A)(3) - Drug DUI: If you have a prohibited drug or its metabolite in your system while driving.
A.R.S. § 28-1383 - Aggravated DUI: This is a felony DUI charge, often filed if you have multiple prior convictions, are driving on a suspended license, or have a minor in the car.
How Do These Charges Work Together?
In most cases, the state will file multiple charges based on the available evidence. For example, if you were pulled over and your BAC tested at 0.17%, you could be charged with both an A(1) DUI (impaired to the slightest degree) and an Extreme DUI (BAC over 0.15%). The prosecutor may also file a separate charge for having a BAC over 0.08%.
The reasoning behind this strategy is that the prosecutor wants to give the court as many options as possible for securing a conviction. If the court or jury decides that one of the charges doesn’t apply, they can still convict on a lesser charge. This can seem overwhelming, but it’s important to understand that it doesn’t necessarily mean you’ll be convicted of all charges. An experienced DUI attorney can challenge each charge independently and work to reduce or dismiss some of them.
How Multiple Charges Impact Your Defense
Facing multiple charges can be intimidating and stressful, but it also provides opportunities for your defense. Because each charge has distinct legal elements, the state must prove every element of every charge beyond a reasonable doubt. This can be challenging for the prosecution, especially if some evidence is more substantial for one charge than another.
For example, the prosecution might have strong evidence of impairment but weak evidence of a high BAC. Or they might have solid proof of a BAC over 0.08% but no evidence of actual impairment. By attacking the weaknesses in each individual charge, your defense attorney can create reasonable doubt and possibly get some charges dropped or reduced.
The Importance of an Experienced DUI Attorney
Understanding how added charges work in Arizona DUI cases is crucial to building a strong defense. An experienced attorney will analyze the evidence carefully and develop strategies to challenge each charge. This might include:
Arguing that BAC results were not accurate or reliable
Challenging the legality of the traffic stop
Questioning the officer’s administration of field sobriety tests
Presenting evidence that your ability to drive was not actually impaired
Real-World Example
Imagine you are stopped for speeding and the officer smells alcohol on your breath. You agree to a breath test, which shows a BAC of 0.16%. You’re arrested and charged with:
DUI Impaired to the Slightest Degree (A(1))
DUI with BAC of 0.08% or More (A(2))
Extreme DUI (BAC over 0.15%)
While it may feel like you’re being accused of three separate incidents, these charges all stem from the same set of facts. A skilled attorney will evaluate whether each charge is supported by evidence and can argue for dismissal or reduction if the evidence doesn’t meet the legal standard for that charge.
What to Do If You’re Facing Multiple DUI Charges
If you’re dealing with multiple charges from a single DUI incident, it’s important not to panic. These charges are often filed as a way to cover all possible outcomes, but that doesn’t mean they’re justified or that you’ll be convicted of all of them.
Contacting an experienced Tucson DUI attorney as soon as possible is crucial. A skilled defense lawyer will evaluate the evidence, challenge any inconsistencies, and fight to get charges reduced or dismissed. Remember that the prosecutor must prove each charge separately, and your attorney will work to ensure that every element of each charge is thoroughly scrutinized.
Call Amanda Bynum Today
As an experienced Tucson DUI and Criminal Defense Attorney, Amanda Bynum knows how to navigate the complexities of Arizona’s DUI laws. If you’re facing multiple DUI charges, don’t face them alone. Call today to schedule a consultation and find out how we can fight for your rights and your freedom.
