So a buddy of mine got busted for a DUI on a golf cart... Anyone have any advise???

[BoatCop]

#1 No "wet reckless" in Arizona.

#2 .04% only applies to a commercial license when operating in a commercial capacity.

#3 The AZ Prosecutor will find out where his "real" driver's license is from, as if he relies on only the AZ ID card, it could be prosecuted as a Felony, for being DUI while never having a License.

#4 Arizona MVD is required to share DUI info with other states (Interstate drivers license compact).

#5 Very little (if any) chance of pleading a .14% down to ANYTHING but DUI. Below .10%, maybe. But .14%? No way.

#6 Any DUI conviction for a CDL holder is a death sentence for the CDL.

#7 Having a BAC above .10% is an automatic suspension of AZ drivers privilege for 90 days.

#8 Ignition interlock would be required on ANY vehicle he operates in AZ. If the vehicle doesn't have an interlock and he's caught driving (in AZ), it's the same as driving on a Suspended License and fines and jail are comparable to another DUI.

#9 By all means, get a lawyer. But at the end of the day, he'll probably still get convicted, and be out the 5k, on top of the 5K+ fines, fees, interlock monitoring, insurance, etc.

 

[H20 Toie]

#1 No "wet reckless" in Arizona.

#2 .04% only applies to a commercial license when operating in a commercial capacity.

.

#2 I believe CA changed that law and now it doesn't matter what you drive you can still get a dui if over .04 with a cdl

 

[BAS]

A DUI case can be won, even with a BAC above .10. But I would just suggest retaining a attorney yet. I'd talking to a couple attorneys, but I won't retain one yet. The district attorney needs to be assigned the case and review it. I would request a copy of the police report and seeing that they have. I didn't read the whole thread but a lots of details are involved. See what charges the DA are filing, if any. Yes the DA can choose not to prosecute you or even go for a felony prosecution.

Best of lucky and DONT DRINK AND DRIVE ; )

 

[screaming pete]

#1 No "wet reckless" in Arizona.

#2 .04% only applies to a commercial license when operating in a commercial capacity.

#3 The AZ Prosecutor will find out where his "real" driver's license is from, as if he relies on only the AZ ID card, it could be prosecuted as a Felony, for being DUI while never having a License.

#4 Arizona MVD is required to share DUI info with other states (Interstate drivers license compact).

#5 Very little (if any) chance of pleading a .14% down to ANYTHING but DUI. Below .10%, maybe. But .14%? No way.

#6 Any DUI conviction for a CDL holder is a death sentence for the CDL.

#7 Having a BAC above .10% is an automatic suspension of AZ drivers privilege for 90 days.

#8 Ignition interlock would be required on ANY vehicle he operates in AZ. If the vehicle doesn't have an interlock and he's caught driving (in AZ), it's the same as driving on a Suspended License and fines and jail are comparable to another DUI.

#9 By all means, get a lawyer. But at the end of the day, he'll probably still get convicted, and be out the 5k, on top of the 5K+ fines, fees, interlock monitoring, insurance, etc.

alan, i have a friend that got a dui in az and is a ca cdl. and has been going to classes and doing the right stuff. but cant get a clear answer as to how long the interlock has to be on the car in ca. do you know?

sp

 

[BoatCop]

#2 I believe CA changed that law and now it doesn't matter what you drive you can still get a dui if over .04 with a cdl

CA Vehicle code 23152 (d) (current)

(d) It is unlawful for any person who has 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210.

 

[BoatCop]

alan, i have a friend that got a dui in az and is a ca cdl. and has been going to classes and doing the right stuff. but cant get a clear answer as to how long the interlock has to be on the car in ca. do you know?

sp

The minimum time is 12 months, although the judge MAY order the interlock for a longer period. The violator has to apply for the interlock device as a condition to having their license reinstated, but only after any mandated suspension period is over.

That's only when driving in Arizona, and applies to the privilege to drive in AZ. I don't know what conditions CA may put upon his license. It's my understanding that any DUI conviction revokes a CDL.

 

[BoatCop]

One last note, and I'll butt out of this.

In Arizona it's illegal to operate a motorized vehicle while impaired (et al) ANYWHERE within the state. Roadway, off road, public property, private property, ANYWHERE. Golf cart, mini bike, Rhino, forklift, combine, etc. Open to public roads or not. ANYWHERE WITHIN THE STATE!

Technically, if you're on your riding mower in your back yard and are drunk, you can be charged with DUI. In reality, no one's going to go after you or charge someone with DUI in that situation, UNLESS you happen to run over your kid or something.

 

[RiverDave]

One last note, and I'll butt out of this.

In Arizona it's illegal to operate a motorized vehicle while impaired (et al) ANYWHERE within the state. Roadway, off road, public property, private property, ANYWHERE. Golf cart, mini bike, Rhino, forklift, combine, etc. Open to public roads or not. ANYWHERE WITHIN THE STATE!

Technically, if you're on your riding mower in your back yard and are drunk, you can be charged with DUI. In reality, no one's going to go after you or charge someone with DUI in that situation, UNLESS you happen to run over your kid or something.

Alan, I heard somewhere that they defined motor vehicle as anything over 50CC's? Is this correct?

RD

 

[Phebus]

Alan, I heard somewhere that they defined motor vehicle as anything over 50CC's? Is this correct?

RD

If that was true, electric carts would be void. Doubt there is that loophole.

 

[530RL]

In Arizona it's illegal to operate a motorized vehicle while impaired (et al) ANYWHERE within the state. Roadway, off road, public property, private property, ANYWHERE. Golf cart, mini bike, Rhino, forklift, combine, etc. Open to public roads or not. ANYWHERE WITHIN THE STATE!

Technically, if you're on your riding mower in your back yard and are drunk, you can be charged with DUI. In reality, no one's going to go after you or charge someone with DUI in that situation, UNLESS you happen to run over your kid or something.

I think everyone has had great experiences with law enforcement, as they have a tough job and are in most cases trying to do the right thing to protect all of us from others and ourselves. Occasionally one can have an experience with a technician. But if we want to get technical.

Mr. Boat Cop is correct with respect to how the law is literally written and it is even broader than he states as it is also a DUI to ride a horse, or control a horse or ox drawn carriage under the influence. It is not just motorized vehicles. It is also against Arizona law to engage in any homosexual act, both male on male or female on female or any sexual act where food may be prepared to include you own personal counter top, refrigerator or stove. There is a whole list of stuff that is not legal in Arizona that would make one scratch their head. Body shots on the bar.....illegal in so many ways.......

I have been involved in a program with local law enforcement where you drink and drive on purpose in a controlled environment to show people how easily they are impaired and naturally no DUI's were given out, just booze. It is an amazing program and it quickly shows one how you are impaired with barely one drink and .08 is really impaired despite what we thought prior to the program. If one believes the technical reading of the law, those law enforcement officers running the program should be fired, we should all have DUI's and our wives should leave us. None of that happened and it was an eye opening experience that people should undertake if they get the chance.

Putting aside the technical arguments about the legal system, which probably should be in the political section, the bottom line is that drinking and driving is rightfully no longer tolerated even to the most minimum and if someone under age gets a minor in possession or a DUI, colleges have withdrawn acceptances and scholarships for simply having a beer in high school. However, drinking and screwing remains legal which in some cases has caused way more damage than riding your lawn mower drunk but I digress.......

The exact Arizona law is as follows. Can't we all just get along and Invoice to follow.....

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

D. A person using a drug as prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.

E. In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28-1382 or section 28-1383 occurring within the past thirty-six months, unless there is an insufficient legal or factual basis to do so.

F. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

G. In a trial, action or proceeding for a violation of this section or section 28-1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:

1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.

2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.

H. Subsection G of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.

I. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars.

3. May be ordered by a court to perform community restitution.

4. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

5. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

6. Shall be required by the department, on report of the conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

J. Notwithstanding subsection I, paragraph 1 of this section, at the time of sentencing the judge may suspend all but one day of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

K. If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28-1382 or 28-1383, the person:

1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than five hundred dollars.

3. Shall be ordered by a court to perform at least thirty hours of community restitution.

4. Shall have the person's driving privilege revoked for one year. The court shall report the conviction to the department. On receipt of the report, the department shall revoke the person's driving privilege and shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

5. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

6. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

L. Notwithstanding subsection K, paragraph 1 of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

M. In applying the eighty-four month provision of subsection K of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

N. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

O. After completing forty-five days of the revocation period prescribed by subsection K of this section, a person whose driving privilege is revoked for a violation of this section and who is sentenced pursuant to subsection K of this section is eligible for a special ignition interlock restricted driver license pursuant to section 28-1401.

 

[530RL]

Alan, I heard somewhere that they defined motor vehicle as anything over 50CC's? Is this correct?

The definition of vehicle with regards to Title 28 of the Arizona Revised Statutes is.......


"Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks.

Public highway is defined as.....

It is an undefined term with respect to Title 28 but it has been interpreted to mean any improved or unimproved roadway.

 

[Phebus]

Damn Rodney, you're long winded.