While an arrest alone will not affect a person’s driving record, a driving related conviction on the other hand will be included on the person’s driving record. This inclusion can have a severe impact on the person’s pocket. When a person receives a DUI conviction, that person first faces a large amount of fines and potentially even jail time from the legal system. However, the person’s punishment does not stop there. Insurance companies will also inflict their own punishment onto the person. Once convicted of a DUI, auto-insurance premiums typically go up as may other forms of insurance. This means the person will be paying for the crime long after their court or other legal interactions have ended.

DUI Impact on Auto-Insurance

Maybe the most obvious non-legal penalty, DUI convictions will lead to stiff auto-insurance consequences. Auto-insurance companies always require a copy of a person’s driving record before giving someone a quote. Because a DUI conviction will be on a person’s driving record, the company will take notice to it. Once the company has noticed the DUI conviction, the company is likely to deem the person as a higher risk driver. Insurance companies will charge higher risk drivers more than the typical driver. But higher payments may be the least of some people’s problems. A few insurance companies will not even offer insurance if there is a DUI on a person’s record. Arizona is unique in what it requires its drivers to file after a conviction. As is standard procedure, the Department of Motor Vehicles (DMV) will suspend or revoke a person’s license if convicted of a DUI offense. Before that person can have their license reinstated, the DMV requires the person to file an SR-22 certificate. An SR-22 is a statement of financial responsibility that proves to the state that the person has the required proper amount of insurance. The person’s insurance company will often file the SR-22 for them, but it is important that the person check with their company to ensure this is followed. SR-22 insurance can be expensive, and the person is required to have it for at least the following three years. After the filing of the SR-22, insurers consider numerous factors to determine the person’s premium price. As previously stated, a DUI conviction will lead to a hike in price; however, how large the increase depends on additional factors. These factors often include age, gender, place of residence, prior driving record, professional organization membership, and even marital status. For example, young men are considered much higher risks than middle-aged women with children. So, young men can expect to pay more in their insurance premiums. Therefore, how much a person will pay is highly dependent upon their personal characteristics and circumstances. As shown, if a person is convicted of a DUI in Arizona their auto insurance is going to be more expensive. The average annual rate for a person with no DUI on their record is $1,470. With a DUI, that rate rises to $2,239. This is costly violation with an average increase of $769. These steep consequences are why it is best to avoid a DUI in the first place. Understanding how a person may receive a DUI charge is a large step in avoiding its consequences.

Arizona’s DUI Laws

Everybody knows that a person can receive a DUI for having their blood alcohol content (BAC) level at 0.08 or more. This is outlined in A.R.S. § 28-1381(A)(2). However, lesser known is the fact that a person can receive a DUI for just having a drug metabolite in your blood or even for having a BAC level below 0.08. A.R.S. § 28-1381(A)(1) makes it unlawful for any person that is impaired to the slightest degree by the influence of drugs or alcohol from driving or being in actual physical control of a vehicle. So, prosecutors using A.R.S. § 28-1381(A)(1) may convict a person of a DUI for having a BAC level of below 0.08 or having used a perfectly legal to possess drug. With such a broad statute it is easy to prove so prosecutors love to charge it in nearly every DUI case. To succeed on a DUI charge for being impaired to the slightest degree, the state must prove two things:

1. The defendant was under the influence of alcohol or a drug; and
2. The defendant was impaired to the slightest degree by reason of the alcohol or drug.

This is determined by a jury, who receives no instruction on what impaired to the slightest degree means or looks like. All the jury can go off of is the evidence presented at trial. That evidence will likely include the defendant’s driving habits, presence of a collision, field sobriety test performance, and the results from any blood drawn from the defendant. How law enforcement first suspected the defendant may also provide the jury with incriminating evidence. Most of the time, law enforcement begins a DUI investigation after noticing someone swerving between lanes, speeding, running a red light, making a wide turn, or failing to appropriately control their vehicle. These infractions will give rise to a suspicion that the defendant is impaired, and the officer will then make a stop. During that stop, a DUI investigation will be conducted. The investigation entails field sobriety tests. Commonly, these tests include the Horizontal Gaze Nystagmus, the Walk and Turn, One Leg Stand, and others. The tests are used to assess whether the individual has enough autonomous control of his muscles and functions to multitask without losing balance. These tests, as well as the traffic infractions that led to the stop will all be used to persuade the jury that the defendant was impaired. Because of the ample amount of evidence that the state will have, and the low threshold of “to the slightest degree,” this charge is extraordinarily problematic to overcome. If proven that you were impaired to the slightest degree, the state will now possess the lynchpin to its DUI with injury charge against you. Therefore, it is imperative to have trained experienced attorneys that know potential defenses for your case.

Let Us Help

  A DUI in Arizona can result in serious and harsh consequences that can carry a sentence of a class 1 misdemeanor for first time offenders. The consequences do not stop there. A person can expect their insurance rates to also increase, causing further financial burden. Fighting a DUI charge requires a team of highly experienced DUI lawyers to ensure the best result possible. Let Phoenix DUI Lawyer’s criminal lawyers and their knowledge of Arizona’s DUI law guide you through the process. The legal battle ahead will be led by strong representation and diligence.