Charges of driving under the influence (DUI) can result from some unusual activities. Earlier this month, the drummer for rocker Ted Nugent was arrested for DUI and other charges in Bangor, Maine. According to reports, the drummer, Mick Brown, had stolen a golf cart from a concert venue, and was driving it recklessly. When officers tried to stop Brown, he allegedly sped up and in the process shoved a security guard. A resident of Arizona, Brown was charged with driving under the influence of alcohol, theft, and assault, among other things.

We thought the story presented a good opportunity to review Arizona’s DUI law. A.R.S. 28-1381 provides as follows:

“A. 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:

1. 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.

2. If the person has an alcohol concentration of 0.08 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.

3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.”

Several important aspects of the basic Arizona DUI law should be noted:

  • “Vehicle” includes more than cars and trucks. Just about any device that is a form of conveyance that does not rely on human power or that is not used exclusively on stationary rails or tracks will satisfy the statutory definition. A.R.S. 28-101(57). In the recent report mentioned above, a golf cart would be included.
  • While a blood alcohol content reading of 0.08 will satisfy the statutory requirements of a DUI, driving under the influence of alcohol or drugs, or a combination of the two, is likewise sufficient to trigger the application of the law.
  • The fact that you may be under the influence of a prescription drug, and that you are taking the drug as prescribed, is no defense to a DUI charge.

These are just a few of the very basic provisions regarding DUI offenses in Arizona. If you have been charged with DUI, whether the charge relates to alcohol or drugs, contact an experienced Phoenix DUI lawyer today.

Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028


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