DUI received while not driving a vehicle
I received a DUI and a citation for an abandoned vehicle in Tucson, Arizona. I over-corrected a turn and ran in to a
guardrail No other cars were involved. I injured my head on the steering wheel. I moved my car off the road and went to get help. Went to a store to get a napkin to stop the bleeding. Walked east on the blvd to a payphone and called a taxi.As I was waiting, a police officer drove up and ask me if I was XXXXX. The woman at the convenience store must
have reported seeing me bleeding and walking east. I confirmed that that was my name. They must have seen my vehicle and Reg. on side of the road the road. I acknowledged who I was, they called an ambulance. Told them I did not need med. attention.They left
Police officer said that he
smelled alcohol on my clothing. He asked me if I had been
drinking and driving. I said no. Proceeded to pass physical test, but failed the breathilizer test. Was taken to the hopital for blood test, also failed. They drove me home and tI was cited for the Dui and
abandoned vehicle. I have two questions. What is the penalty for a first time dui offense in the state of Arizona? Can a dui be issued even though you are not driving
a vehicle?
Thank you
1 Answer from Attorneys
Re: DUI received while not driving a vehicle
In answer to your questions (1) minimum penalty is 10 days jail - up to 9 may be suspended + fines; (2) whether you are driving is an issue legally known as "actual physical control" .. the state must prove that you were in control. This is a legal issue that is often a defense to the charge and must be litigated.
I handle a lot of DUI's. If I can help, please call.
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