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What does "1ST" mean when it follows a DUI charge in AZ and are all the BAC levels charged in case BAC is challenged?

Flagstaff, AZ |

I suspect "1st" means first offense, and that the prosecutor charges all of the BAC levels so that if the defense successfully challenges a particular level, all of the lower levels remain (sort of like a lesser included offense). Is this correct?

Example charges: DUI, 1st DUI, BAC .08 or more 1st DUI extreme, BAC .15 to .19 1st DUI extreme, BAC .20 or more 1st.

Attorney Answers 1


The penalities for DUI's can be made more harsh if the person convicted has prior DUI convictions within a certain amount of time. And you are correct in regards to why all are charged. Plus, for the DUI/Impaired, if the prosecutor can prove the defendant's BAC was above .08%, then the jury can assume the driver/defendant was impaired.

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Cindy Castillo

Cindy Castillo


The impairment charge (28-1381(a)(1) nevertheless has a rebuttable presumption which allows your attorney to defend the charge using other competent evidence showing you were not impaired.

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