DUI in CA. Now live in AZ

[shadybab]

What is the name of your state? AZ
I might have asked this before but not sure if I got a response. I have a DUI in CA which is completely settled (All time served, DL suspension over, classes completed, fines paid). And I recently moved to AZ. I heard somewhere that you WILL get a DUI if you blow over 0.0 after having a prior DUI. I Know its possible to get a DUI with NOTHING in your system and all that bullsh**, but is this true? After having a DUI does the .08 law no longer apply?

[garrula lingua]

No. Whether it's the first, or the third DUI, the Prosecutor has to prove all the elements of the crime, and the fact of prior convictions are not allowed to be presented to the jury (bifurcated case).

The Prosecutor would have to prove that you were driving and that, at that time you were impaired (usually drugs) or were .08 or more blood alcohol content.

For people under 21 years of age, most states have a 'zero tolerance' statute - a DUI less than .08. Also, the level is lower for commercial drivers. Other than those (or drug cases), the required proof is .08 or higher.

Note that under driving under the influence while impaired, the Prosecutor doesn't have to prove any blood alcohol content. But, in these cases, the Prosecutor can usually show a blood test positive for mj, or meth or cocaine or other drug, OR especially erratic driving and behavior/symptoms reflecting impairment (these are usually refusals re alcohol).


BTW, you are probably on probation for 36 months on the first DUI. Even if you completed the active requirements of probation, stay squeaky clean for the full 36 months - the CA judge has one year of jail time over your head for the full period of probation.

Good luck in Arizona - but, be careful - they're not as gentle towards wayward people as CA. They have tents and chain gangs in pink in Maricopa, don't they ?

[shadybab]

Yeah I heard all about the Tents... Just to give you a good idea of why I ask... I have no intention of drinking and driving again. And the funny thing is that the reason for that is not because I fear hurting myself or others, but rather the legal ramifications of getting caught. The only reason I ask is because I rarely drink and drive (I end up behind the wheel of a car maybe 1 out 50 times after drinking) and I just want to make sure that after I have had one beer that I am safe to drive home. Safe meaning I won't get arrested. For the majority of us one beer won't really affect us. But I've been turning down invited to happy hour after work, for the fear of driving after drinking.

[panther10758]

If you are stopped for DUI and research shows a previous conviction this will be your 2nd which carried a mandatory jail time sentence along with stiff fines etc. What concerns me is your admission to driving after consumng alcohol! You seem more worried about being caught than making the streets safe for me and my family! If Police see you driving in a fashion that "suggest" you might be under the influence you will be stopped! If no alcohol is in your system you can still be charged with driving under the influence of a controlled substance. Even if your alcohol level is below 0.08 you can still be considered impaired as well! Many Police dash cams will provide enough evidence that your driving was eratic and any field soberity test you took that you failed. Based on your post alone I would say you might have a drinking problem. I would look deep into yourself for a possible problem. Getting in a car 1 out of 50 times after drinking is still not normal! How do I know this? Simple I am a recovering alcoholic of 20+ years.

[shadybab]

I am a very courtious person, and I understand the dangers of drinking and driving.

If you paid ANY attention, my original question was what would happen if you blew BELOW the legal limit. Now, why have a legal limit? Because defined by the state, you are not a risk to yourself or others below a specific BAC.

Now I understand some people can still be arrested for DUI with a BAC below .08. But that wasn't my question. I asked if the .08 law no longer applied after your first DUI.

I've heard mixed reviews. Like after your first DUI, even if you are below .08, anything above 0.0 is considered a second DUI. And I've heard that it makes no differance, just as long as you are below .08.

Thanks to all of you who are making valid points.

[panther10758]

This statement alone

I drink maybe 1 weekend out of the month. And about 90% of the time I do not drive afterward.

shows your total disregard for human life and a denail of your problem. You got your legal answers and some personal advice you are "choosing to ignore. the name calling is just provong me right in my assumption. I just hope no one i know is on road that other 10% of the time when you take your life and others for granted

[CdwJava]

Originally Posted by shadybab

Now, why have a legal limit? Because defined by the state, you are not a risk to yourself or others below a specific BAC.

Not true at all. The 'per se' limit simply changes the presumption to one of impairment at or above the established level (usually .08). In general at a BAC below .08 and above .05 the presumption is neutral, and below .05 the presumption is that the driver is NOT legally impaired.

Visible impairment can be observed and have effect as low as at .02. But, the state(s) have generally recognized .08 as the level at which a person is definitely impaired, and between that and .05 that they might be impaired. A person CAN be legally impaired and arrested at less than .05. I have arrested drivers as low as .04 for DUI based upon their obvious impairment - it happens.

I've heard mixed reviews. Like after your first DUI, even if you are below .08, anything above 0.0 is considered a second DUI. And I've heard that it makes no difference, just as long as you are below .08.

I'm not sure what is priorable in AZ. I don't know of any law that says an adult over 21 is held to a higher standard due to a prior conviction. If, as a condition of probation, you were to abstain from alcohol, then ANY BAC might result in an arrest. Lacking that I do not believe AZ has any provision that makes a blow of any level a crime if you had a prior DUI of .08+. Besides, that information would no be readily available to the officer in the field anyway.

- Carl

[BelizeBreeze]

$500 to $1,000 PLUS mandatory 48 hours in jail. A third subsequent offense within 5 years is an aggravated offense

[panther10758]

1 weekend a month by your own admission you drink and theres 52 weekends a month. 10% of that 5.2 weekneds your driving afterwards again by your own statements. There are (normally) three days per weekend (this includes Fridays) so 3 x 5.2 = 15.6 days a year your are a potenial killer while behind the wheel! that is based on your own statements leaving out long weekends and Holidays so number could be higher! So you find the fact by your own admission you drink and drive a minimum of 16 days a year acceptable!? Now as a recovering alcoholic and sober 20+ years i can say I have heard these justifications many times over and they dont mean squat. If you do or do not have a drinking problem is for you to decide but you are clearly a danger to others. Now you can call me any name you wish but these facts came from you!

[garrula lingua]

OP:

Panther has an excellent point:

If someone is injured (bone fracture or sutures), the prior DUI would be instrumental in a Prosecutor filing a FELONY DUI (23153 (a) & (b), rather than a misdemeanor.

Also, if someone were killed as a result, then the filing would be felony vehicular manslaughter, or higher - murder.
The prior DUI will be used to prove reckless disregard of other's life/welfare, not negligence.

That's all serious time in state prison.
Forget prior misdemeanor DUIs - we're talking about the greater chunk of your life in prison.
I've dealt with several felony vehicular manslaughters, and they are tragedies for everyone involved, but the truth is: the defendant killed someone. Some good people died, and some good people went to prison because of that 10% of the time they were on the road while impaired.
The drink isn't worth it; if you feel it is, then get a ride from a friend or get a taxi.
Don't drive; your life, or another's life, isn't worth that drive.

[shadybab]

Okay obviously there is some confusion in my question and statements I have made. First things first (and MOST importantly), I drink ONE weekend a month on average and do not drive 90% of the time. The other 10% is after having no more than ONE beer. I am very vigilant about not driving after drinking. This is why I asked my original question.

To all of you who still do not understand my question: I wanted to know if regardless of what the officer thinks/sees of your behavior, if after a prior DUI ANY measurable amount of alcohol is a mandatory second DUI. I have no probatory restrictions for abstaining from alcohol.

[garrula lingua]

Shady,
If you weigh 90 lbs and have one drink, you may be .08 or over.

Why not carry the phone number of a cab, or a friend & forget about taking any chance ??
That way, you can have the additional drink(s) without worrying.

[CdwJava]

Originally Posted by shadybab

I wanted to know if regardless of what the officer thinks/sees of your behavior, if after a prior DUI ANY measurable amount of alcohol is a mandatory second DUI. I have no probatory restrictions for abstaining from alcohol.

There is no law in AZ that I know of that creates a zero tolerance for any BAC after a previous DUI absent probation or parole restrictions.

- Carl