News

Did you think it couldn’t happen to you or your loved one? We know, everybody always thinks it won’t happen to them. The mindset always goes through that first couple of thoughts such as:

“It’s only one drink.” Or “One more won’t hurt.”

Did you know a motorcyclist arrested for DUI is most likely to face all the same consequences of a person operating a car? Yep, it’s true! They would face the same possibility of losing or getting their license suspended, community service will need to be completed as well as a few other requirements. See below for more details on all the steps that will be taken depending on the offense.

Arizona has the strictest DUI laws than any other state in the United States and the law enforcement officers take it very seriously making it the absolute worst state to get a DUI in!

It all begins with a nice motorcycle ride on a beautiful sunny afternoon or on a crisp evening with the perfect weather conditions for taking your bike out for a spin. Perhaps you’re heading to a graduation or dinner party or even drinks with the co-workers and the thought never even crossed your mind that maybe you would get pulled over by the cops on your way home.

Unfortunately, it happens – way too often! We all tend to underestimate the amount of alcohol we have consumed in a casual atmosphere. In Arizona, once you turn 21 years old you are required to follow the laws of the Blood Alcohol Concentration (BAC) in your jurisdiction and that is .08% for all drivers except commercial vehicle drivers it is even less, coming in at just .04%!

What is the “not-a-drop” law in Arizona?

This is a strict law in Arizona that prohibits any driver under the age of 21 to operate a vehicle with any detectable amount of alcohol in their system. It is 100% illegal with a zero-tolerance mentality! In fact, an underage violation pursuant to this law does NOT require proof of the driver’s blood alcohol concentration (BAC) level.

And in addition to that, an underage driver can actually still be convicted of a DUI if there’s any evidence that the driver may have had at least .08% on the BAC level or was impaired by any substance including drugs and alcohol.

When you apply for your driving privileges in the State of Arizona, you actually are already consenting to be tested for a DUI at any given time, this is called the ‘Implied Consent Law’.

Which in turn makes it mandatory when requested and if you refuse or are unsuccessful in taking these tests, you will automatically lose your driving privilege for up to 12 months or 24 months for a second refusal within 84 months!

If law enforcement should happen to pull you over because they suspect you may be under the influence of drugs, alcohol, or any other substance, they will request you to take the blood alcohol concentration or drug content (BADC) test.

This can be used to test your:

• Breath
• Urine
• Blood
• Or other bodily substances they deem as necessary.

First Offense

If you get pulled over and it is your first offense, the consequences are pretty steep! You will face a jail sentence of at least 24 hours to 10 consecutive days and fined a hefty fee to the tune of $1,250 and it can sometimes be longer and much more expensive. The time and fee listed above is actually the minimum that will happen to you. Knowing all the details will help you understand your rights.

After completing the above jail sentence and paying the fee, you will then be ordered to do community service and equip any vehicles you own or operate with a certified ignition interlock device.

Second Offense

If this is your second offense, the jail time is increased to a minimum of 90 days and a fine of $3,000 or more! Your license will be revoked for the following 12 months. You will also be assigned to do community service once you are released from jail and you will need to undergo alcohol screening, education, and treatment. Any vehicle you drive will need to have a certified ignition interlock device installed.

Aggravated DUI

If you are caught driving under the influence with a suspended or revoked license within the 84 months of your second offense DUI conviction, you will be sent to prison for up to 2 years in addition to the other penalties required by law for third DUI conditions. The same goes for refusing to submit a blood alcohol content test while under an ignition interlock device requirement.

Once released from jail, you will then need to do community service, undergo alcohol screening, education, and treatment. Any vehicle you drive will need to have a certified ignition interlock device installed again.

You can get more details about the revocation of your driver’s license.

Now that you understand what can happen if you are charged and convicted of a DUI in the State of Arizona, let’s talk about some of the other issues that could arise while driving under the influence.

Such as:

• Death – The result of an accident while under the influence that takes the life of an innocent bystander. Whether that person is on your motorcycle with you or it’s a person in another vehicle that was struck by you.
• Damage – This can be both the damage to your motorcycle or the damage to another person’s property including another vehicle and or even land. You will be responsible for all repairs which can be costly!
• Expenses – As mentioned above, the cost of a DUI in the State of Arizona can be very expensive and can easily be in the thousands. But you should also consider all the other expenses that can come from this incident as well, like medical bills, insurance, rental costs while one or both vehicles are being repaired, etc.
• Mental Health – After going through all the above phases, you will begin to experience remorse and this will need professional attention if you cannot keep it at a controlled level. Many people who go through this type of trauma can suffer from depression, anxiety, insomnia just to name a few. However; it can go much deeper if a life was lost due to your negligence.

If you feel that you or a loved one may have an alcohol or drug problem, there are many outlets available for you to get the support you need.

Drinking and driving is never a good choice and should be avoided at ALL costs. Next time you or a loved one find you are in a situation where you have been drinking, please take the initiative to call a friend or family member to come and pick you up. You can always use the services of a taxi or other ride options such as Uber, Lyft, RubyRide, Etc.

And please, share this blog post with as many people as possible – you never know when this could be the wisdom somebody else needed to make the right decision next time they find themselves having a casual drink with friends.