Why Was I Charged With Two DUI Offenses From One Arrest?

Although there is only one alleged drunk driving incident, Arizona law allows prosecutors to file multiple DUI allegations when the available evidence supports different provisions of the state's DUI statutes.

Seeing more than one DUI charge on your paperwork is often a reflection of how Arizona's DUI laws are written, not an indication that police believe you committed multiple separate DUI offenses.

The Two Most Common DUI Charges Filed After One Arrest

The specific charges vary from case to case, but two of the most common DUI allegations filed after a single arrest involve impairment and blood alcohol concentration.

Driving While Impaired to the Slightest Degree

Arizona law prohibits driving or being in actual physical control of a vehicle while impaired to the slightest degree by alcohol or drugs.

Prosecutors often rely on evidence such as:

• Driving behavior before the stop
• The officer's observations
• Statements made during the investigation
• Performance on field sobriety tests
• Body camera or dash camera footage
• Witness statements

No single piece of evidence automatically determines whether a driving while impaired charge can be proven. Prosecutors typically evaluate all of the available evidence together when deciding how to proceed with a case.

Officers can make mistakes, and some evidence is more compelling than others. An experienced DUI defense attorney can explain how law enforcement observations and other evidence collected during the investigation may affect the strength of the prosecution's case.

Driving With a BAC of 0.08% or Higher Within Two Hours

Arizona law also makes it unlawful to drive or be in actual physical control of a vehicle with a blood alcohol concentration of 0.08% or higher within two hours of driving.

Unlike an impairment allegation, this charge generally focuses on chemical testing, such as a breath test or blood test, together with evidence establishing when the person was driving.

Chemical test results can be challenged. Depending on the circumstances, the defense may question whether the testing equipment was properly maintained and operated, whether the sample was collected and handled correctly, or whether other factors affected the accuracy of the reported result. The defense may also challenge whether officers had lawful grounds for the traffic stop, arrest, or chemical test.

Different Charges May Rely on Different Types of Evidence

It’s important to keep in mind that the different categories of DUI charges often depend on different evidence. If the evidence supporting one charge is weaker, prosecutors may rely more heavily on evidence supporting the other.

For example, a driving while impaired charge may focus primarily on:

• Officer observations
• Driving behavior
• Field sobriety tests
• Witness testimony

While the BAC charge may rely more heavily on:

• Breath test results
• Blood test results
• Laboratory reports
• Chemical testing procedures

Prosecutors evaluate all of the available evidence when determining which charges to file.

Why Does Arizona Allow More Than One DUI Charge?

The reason prosecutors charge both counts is usually to preserve different ways of proving the DUI, not because they expect the defendant to serve two separate jail terms or pay double fines.

If evidence for one of the charges is weaker or less reliable, they can still bring charges on the other.

Will I Receive Separate DUI Penalties for Each Charge?

Usually not. Although prosecutors may file more than one DUI charge after a single arrest, Arizona law generally does not allow someone to receive duplicate punishment for a single act of driving.

How the charges are ultimately resolved depends on the facts of the case, the applicable law, and whether the matter is resolved through a plea agreement or trial. An experienced DUI defense attorney can explain how the specific charges in your case may affect the potential penalties.

Every Phoenix DUI Case Deserves an Individual Review

No two DUI arrests are exactly alike. The evidence collected during the investigation, the charges filed by the prosecution, and the legal issues involved vary from one case to another.

If you have been charged with DUI in Phoenix, National College for DUI Defense (NCDD) Board Certified attorney Michael Alarid III can review the charges against you, explain what they mean, and discuss your legal options. Call (602) 818-3110 to schedule a free consultation.