Arizona Drunk Driving DUI Terminology
Arizona officially uses the term “driving under the influence” (DUI) instead of “driving while intoxicated” (DWI). However, some people still use DWI and DUI interchangeably to refer to drunk or drugged driving.
Arizona’s DUI laws prohibit all motorists from operating a motor vehicle:
- with a blood alcohol concentration (BAC) of .08% or more (find out about how many drinks it takes), or
- while under the influence of drugs or alcohol if the driver is impaired to the slightest degree.
Arizona also has a “not-a-drop” law that makes it illegal for motorists who are under the age of 21 years to drive with any detectable amount of alcohol in their system. This is commonly referred to as a “baby DUI.”
DUI Glossary
This Arizona DUI Glossary defines many terms related to driving under the influence and Arizona DUI law. The reader can search for the DUI phrase in the alphabetical listing. The information related to DUI terms and phrases is continually updated, so visit us often for the latest in drunk driving and driving under the influence news. This glossary of DUI terms is intended to be used by lay and professional people.
Absorption Rate
The absorption rate of alcohol (also termed rate of absorption) is the rate the body absorbs alcohol into the blood, distributes it throughout the body tissues and ultimately eliminates it from the body. After a person consumes a small amount of alcohol, (approximately 20%) is quickly absorbed into the bloodstream. Thereafter, the remaining alcohol is absorbed as it moves through the gastrointestinal tract with bulk of absorption occurring in the small intestine. The amount of alcohol which is not metabolized is excreted through the body's sweat, urine, breath and saliva. The absorption rate of alcohol can be affected by a number of factors. Fat tissue absorbs alcohol more slowly than muscle. Therefore, individuals with more muscle will absorb alcohol faster, and there will be less alcohol circulating in the bloodstream. Due to the greater percentage of fat tissue in most women, it is not uncommon for a woman to experience more significant effects from drinking alcohol than a man of equal body weight. Absorption rate may also be dependent upon a person's size, the metabolic rate, medication, carbonation and mood. Older drinkers may be especially vulnerable to alcohol due to their loss of muscle tissue as a body ages and accompanying slower metabolism.
Acetone
Low blood sugar can be the result of a medical condition called hypoglycemia. Hypoglycemia can result in a condition or state termed ketoacidosis, which causes an increased production of acetones in a person's breath. For people who suffer from diabetes, this increases their chances of giving a inaccurate reading on a breath alcohol test which is required if suspected of driving under the influence in California. In borderline cases, the risk exists that if a person whose body has created acetone they may regester an unlawful blood alcohol level from a breath test even though they may not be impaired. It is estimated approximately one in seven people may be diabetic and as a result many drivers may have an increased chance of a false arrest based on a false Blood Alcohol Concentration (BAC) reading. Drivers who suffer from hypoglycemia may also display a variety of symptoms which may be misinterpreted as impairment, including sweating, trembling, hunger, nervousness, palpitations and difficulty speaking.
Drive
Person drives a vehicle when he or she intentionally causes it to move by exercising actual physical control over it. The person must cause the vehicle to move, but the movement may be slight. Convictions for driving under the influence have been upheld by appellate courts in cases where only circumstantial evidence of driving was present. For example, sufficient evidence of driving was found to exist where a car was found parked on a freeway, with the engine running, with a single occupant of a car sitting in the driver's seat with the engine running.
BAC (Blood Alcohol Concentration)
BAC is the acronym used to refer to a person’s Blood Alcohol Concentration. In Arizona, the legal limit is a .08 BAC. This refers to .08 grams of alcohol per 100 milliliters of blood. This is a very small amount. A BAC of 0.0 is sober, while in the United States 0.08 is legally intoxicated, and above that is very impaired.
Driver
A driver is a person who drives or is in actual physical control of a vehicle. Federal DUI cases do not require the element of driving.
Drug
A drug is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances.
DUI
Driving Under the Influence per Arizona Revised Statute ARS 28-1381 A1 means if a person is “impaired to the slightest degree to operate a motor vehicle safely due to the consumption of alcohol”, then they are Driving Under the Influence. In Arizona, a second charge of DUI can be added per Arizona Revised Statute ARS 28-1381 A2, if the person’s Blood Alcohol Concentration is a .08 or higher.
Under the Influence
A person is under the influence if, as a result of drinking or consuming an alcoholic beverage and or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
Get the DUI Defense You Need with Phoenix DUI Lawyers
If you were arrested for a DUI in Scottsdale, Chandler, Gilbert, Mesa, Tempe, Phoenix, Tucson, or another AZ city, the criminal defense lawyers at Phoenix DUI Lawyer can work to decrease your fines and avoid license suspension and incarceration.
