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DUI in AZ, but live in NJ

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ModelCitizenNJ

Junior Member
What is the name of your state? NJ

I know this has probably been covered directly or indirectly before, but after searching these threads I have so many questions that I figured I'd just post up my own. Here's the deal: My BF was popped for DUI in Scottsdale, AZ. His charges are DUI While Impaired; DUI over .08%, and driving without headlights. He barely got out of the parking lot before he was pulled over, about the same time he realized the lights were not on. Anyway, here are my questions:
1. He was never given the results of his blood test; do they have to tell you what your reading was? He only had a couple beers in 2-1/2 hours, and he's a big guy.
2. How can you be "DUI while Impaired"? Isn't that redundant?
3. Does he HAVE to go back to AZ for prosecution, or can he get this moved to NJ?
4. Which offense(s), if any, should he plead to in hopes of a reduced penalty?

He knows he'll need a lawyer, just not sure if he needs one in both states.

Thanks in advance for any guidance you all can provide. This is a sucky situation but we will do our best to make it right.
Regards,
MCNJ
 


BigMistakeFl

Senior Member
BigMistakeFl

No, he does not have to be given the test results. They can be discovered by his attorney.
He could not have achieved a breath alcohol content over 0.08 by drinking two beers in two and a half hours. He consumed more, or the test was wrong. Which do you think the jury will believe?

He will need to settle this matter with Arizona.

Did he make the Superbowl?
 

ModelCitizenNJ

Junior Member
Wow, that was quick!

Thanks for your response. There was no breath test, only a blood test done at the hospital. He probably had more than two beers, but he wasn't pulled over for the way he was driving, (at least according to him, it was because he did not have his lights on). He figures if he was above the limit it had to be pretty close. Don't the penalties escalate based on your blood-alcohol level?

So you are saying that he will have to return to Arizona to go to court, serve time and surrender his license? None of that can be done in NJ?
 

BigMistakeFl

Senior Member
BigMistakeFl

Sorry, I meant to type "Blood Alcohol Content", which can be taken via breath test or blood draw. Typing and talking on the phone don't mix.

Penalties are most likely going to be minimum first offense, provided this is his first DUI. They can increase based on lots of things, such as driving record or if his BAC was twice the "legal limit", for instance. In AZ, the penalties can change if BAC is over 0.15 up to 0.19, then increase again from 0.20 and up. Accident causing injury can also change the outcome. He's probably facing minimum of 10 days jail, but nine of those can be suspended if he agrees to submit to evaluation and subsequent treatment. License suspension 90 days with "hardship" license after 30 of those. Fines too, plus possibly probation. I believe he will also have to get the interlock device for one year.

He'll have to settle with AZ, but some states can allow penalties to be carried out in another state. This is where talking with a DUI defense attorney in AZ would be very helpful.
 

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