Star Football Player Arrested For DUI In Scottsdale

Arizona has strict DUI laws that can make it difficult to plan a night out with any amount of alcohol involved. While they can be a cause for concern for a night out on the town, it can be comforting to know they apply to celebrities just like they would apply to any other citizen. Eddie Lacy, a former running back for the Seattle Seahawks and the Green Bay Packers, was arrested for DUI Monday, September 30, 2024, in Scottsdale, Arizona. The arrest occurred near Scottsdale and Bell Roads after the police received reports of a possible impaired driver in that area. The footballer was taken into custody for driving under the influence and having an open liquor container. If convicted of these charges, Lacy will be required to serve jail time, pay fines, and face other penalties under Arizona law. If it can happen to a former NFL player, it can happen to you. If you are drinking, make sure you have a sober ride home. If you’re arrested for DUI in Arizona, make sure you hire a reputable and experienced attorney to protect your legal interests. There are serious penalties for driving under the influence set forth as mandatory punishments by Arizona law. That means that no matter who you are and what you do, you will serve time in jail if convicted of DUI in Arizona. Learn more about your defense options by scheduling your free consultation with our Arizona criminal defense firm. To get started with your free consultation with one of Arizona’s leading choices in DUI defense lawyers, call 480-833-8000. 

Arizona Revised Statutes Section 28-1381: Driving Under the Influence

A.R.S. § 28-1381 is Arizona’s main law for DUI. It makes it unlawful for a driver to drive or have actual physical control of a motor vehicle while under the influence of drugs or alcohol. A driver is presumed to be intoxicated if they have a BAC of 0.08 or higher. The driver can also be found to be intoxicated with a BAC of 0.05-0.08, although they are not presumed intoxicated at this level. Drivers of commercial vehicles have a legal limit of 0.04, as do drivers working for a transportation company. A valid prescription or a medical marijuana card is not a defense to charges brought under § 28-1381. A violation under this statute is a misdemeanor offense, but there are aggravating factors that can cause a DUI defendant to be charged at the felony level. 

DUI charges carry strict penalties in Arizona, which can’t be bypassed just because the driver is a first-time offender or was only impaired to the slightest degree. The minimum fine is $250, but the judge can order it to be much higher and it comes in addition to two assessments. One is a $500 assessment for the prison construction and operations fund. The second is a $500 assessment for the public safety equipment fund. The minimum jail sentence is 10 consecutive days in jail. Arrests involving liquor (as opposed to drugs) require that the defendant install an ignition interlock device, or IID, in their vehicle after regaining their driving privileges. Regardless of the type of DUI, the defendant will need to complete an approved traffic survival course and community service. 

Arizona Revised Statutes Section 4-251: Open Container Law

Arizona’s open container law is A.R.S. § 4-251. It can be charged in addition to a DUI, or it can be a standalone charge. This law makes it unlawful to consume spirituous liquor while operating or riding in the passenger compartment of a motor vehicle, as well as to possess an open container of spirituous liquor in the passenger compartment of a motor vehicle on any public highway in the state. This section does not apply to a motor vehicle operated exclusively on rails or water, so it doesn’t apply to boats. It also doesn’t apply to passengers in a limousine or through other transportation services, or a passenger in the living quarters of a motor home. The passenger compartment of a motor vehicle includes an unlocked glove box and anywhere within immediate reach of the driver or any passengers. It does not include the trunk, a locked glove compartment, or the area behind the last upright seat of a vehicle that does not have a trunk. 

Violation of this section is a class 2 misdemeanor. Open container violations don’t carry mandatory jail time like DUI convictions in Arizona, but the defendant can still be sentenced to up to 4 months behind bars. This could also be accompanying penalties from other charges stemming from the same arrest. Make sure you present the strongest legal defense possible by hiring a skilled criminal defender to take your case- call 480-833-8000 for your free consultation with our firm today. 

Elevated Charges For An Elevated BAC

Your BAC, or blood alcohol content, at the time of the arrest is a huge factor when the judge is deciding how harshly to penalize a DUI defendant. It should be noted that the BAC can elevate a DUI charge, but it will still remain a misdemeanor. BAC level is not one of the factors that aggravates a DUI to felony status in Arizona. It remains a base-level DUI until the driver’s BAC reaches 0.15. At this point, it is considered an Extreme DUI. The minimum jail sentence for an Extreme DUI is 30 days. A BAC at 0.20 or higher is considered a Super Extreme DUI. Here, the minimum jail sentence is 45 days. These increased penalties mean you should be more aggressive with your defense strategy. Want a free consultation with a knowledgeable Arizona criminal defense attorney with specific experience in DUI cases? call 480-833-8000 for your free consultation. 

Stricter Penalties For Repeat Offenders

Another factor that can increase the severity of the penalties a DUI defendant will face is if this is their first offense or they have previous DUI convictions under their belt. A second conviction within 84 months increases the minimum jail sentence to 90 days in jail, 30 days of which must be served consecutively. The minimum fine is $500 plus two assessments of $1,250 each, bringing the minimum financial penalty to $3,000. All of the other penalties a DUI defendant faces are increased for a subsequent conviction. A third conviction within 84 months is one of the factors that meets Arizona’s aggravated DUI statute. Have more questions about DUI in Arizona as a repeat offender? call 480-833-8000 to schedule your free consultation today.

Create a Solid Defense With The Help Of Our Arizona Criminal Defenders

Just like Eddie Lacy, anyone who drinks too much before driving in Arizona is at risk of being arrested for DUI, which comes with strict mandatory penalties. When you understand the penalties you may face due to your BAC and prior arrest record, it makes it clear how important it is to mount a strong defense strategy. Run through your options today with a free and convenient over-the-phone consultation. For your free consultation with one of our experienced Arizona DUI defenders, call 480-833-8000.