Understanding Added Charges in Arizona DUI Cases

Jan 15

In Arizona, DUI charges can be complex and stressful, especially when additional charges appear after the initial arrest. Many of my clients ask, “Why did more charges show up after the first charge of DUI?” This article is designed to clarify what "added charges" mean, why they happen, and how they can impact your case.

Initial DUI Charge: Impaired to the Slightest Degree

When someone is arrested for DUI in Arizona, the initial charge is almost always for “impaired to the slightest degree,” in violation of A.R.S. 28-1381(A)(1). This statute means that the officer believes you are impaired, even if there’s no immediate evidence of blood alcohol content (BAC) or drug levels. Here’s why:

Observation-Based Charge: This charge relies on the officer’s observations, such as erratic driving, slurred speech, bloodshot eyes, or the smell of alcohol. The officer might also perform field sobriety tests (FSTs) to support the belief that you are impaired.
Immediate Charge: Arizona law enforcement officers can file this charge immediately upon arrest, based on their judgment. The law doesn’t require the officer to know your exact BAC or if drugs are in your system to make this arrest. Furthermore, even if your BAC comes back below a .08, you can still be charged and convicted for being impaired by alcohol or drugs.

This initial (A)(1) charge is simply the start of the legal process. As lab results come in, the state will likely add charges to fit the evidence better.

Why and When Blood is Drawn

Officers usually perform a blood draw if you’ve been pulled over and arrested on suspicion of DUI. Arizona has some of the strictest DUI laws in the country, and one key aspect is the use of blood tests to determine blood alcohol or drug concentration accurately. Here’s why:

Accurate BAC Reading: Blood draws offer precise measurements of BAC, which is critical in Arizona since different DUI thresholds bring different penalties. Most police agencies in Arizona no longer use breath testing and instead use blood testing.
Drug Detection: Blood tests can reveal the presence of drugs, including legally prescribed medications that may still impair your ability to drive. Arizona’s DUI laws apply equally to alcohol and drugs, whether legal or illegal.

Since blood samples are sent to a lab, it takes time to receive results—sometimes weeks or even months. During this period, the initial (A)(1) charge of impairment usually remains on file, while the state awaits blood results to determine whether to add more specific charges. Sometimes, particularly in felony cases where Rule 8 speedy trial time limits are strictly enforced, the State choses to dismiss the A(1) charge and re-file once the blood results are received.

The Added Charges: BAC and Drug-Related Offenses

After the lab results return, the state may add specific charges based on the result. These charges depend on your BAC level or the presence of drugs. Here’s a breakdown of these possible charges:

Standard DUI (.08 BAC): If your BAC is .08 or higher, the state may add this charge, as it meets Arizona’s per se DUI threshold. This charge is based on BAC alone, regardless of whether or not you appear impaired.
Extreme DUI (.15 BAC): If the blood results show a BAC of .15 or higher, an “extreme DUI” charge may be added. This charge increases potential penalties significantly, including longer jail time and steeper fines.
Super Extreme DUI (.20 BAC): A BAC of .20 or higher can lead to “super extreme DUI” charges, which carry even harsher consequences, increasing jail time and increasing fines even more.
Drug DUI: If the blood test reveals drugs, you could face a drug DUI charge. Arizona’s drug DUI law is strict: it doesn’t require you to be “impaired” by the drug, only that the drug is present in your system. Even legally prescribed medications, like painkillers, can lead to this charge if they’re shown to impair your driving.

Why the State Waits to File Additional Charges

Added charges may feel confusing, and you might wonder why these aren’t all filed simultaneously. The reason lies in how Arizona builds DUI cases:

Evidence-Based Charging: Arizona DUI law is evidence-driven. Initial charges (like A.R.S. 28-1381(A)(1)) rely on observations and FSTs. However, for more specific blood alcohol or drug charges, the state needs concrete lab evidence to support them. This staged approach ensures the state has adequate proof to justify each charge. We
Variable Lab Processing Times: Blood results are not instant, and lab processing can take weeks or months. The state waits for these results to avoid premature or unfounded charges.
Flexibility in Case Strategy: Adding charges later also gives the prosecution more flexibility. If lab results show a high BAC or drugs, the prosecutor may add those charges strategically to increase potential exposure and leverage in plea negotiations.

What "Added Charges" Mean for Your Case

Understanding what added charges mean for your case is essential, as they can have significant impacts on potential penalties, the seriousness of your case, and your options going forward. Here’s how:

Increased Potential Penalties: Added charges can elevate your exposure, meaning the amount of jail time, fines, and probation you’re facing. The higher the BAC or the presence of drugs, the greater the penalties.
Multi-Charge Exposure: DUI charges can stack. For instance, if you’re initially charged with A.R.S. 28-1381(A)(1) but your BAC comes back at .20, you might face both an (A)(1) and a super extreme DUI charge. This means that you will face significantly more jail time and fines if convicted.
Impact on Plea Negotiations: Multiple charges can also influence plea negotiations. Prosecutors may be more open to reducing or dismissing some charges in exchange for a plea to others. Conversely, the added charges give the prosecutor more leverage in negotiation if they want a stiffer penalty.

Example: If you initially faced an (A)(1) charge, you might have expected minimal jail time and fines. But if an extreme DUI charge is added, you could now face up to 30 days in jail and much higher fines, in addition to other consequences like license suspension and mandatory ignition interlock.

6. Why This Delayed Process Exists

The delayed process of adding charges can feel frustrating, but it has a purpose within Arizona's legal system:

Ensures Accurate Charging: By waiting for lab evidence, the state ensures the charges reflect the offense accurately, which is a critical component in both prosecution and defense.
Allows for Comprehensive Review: The added charges also give both the prosecution and defense a better chance to review all the evidence before going to trial. The defense team can assess the evidence thoroughly, understanding the full scope of the charges and preparing an informed defense.
Challenges with Drug DUIs: In cases where drugs are detected, waiting for results is especially necessary. Drug DUIs are nuanced because they don’t require “impairment” per se, only presence in the bloodstream. This creates specific challenges for the defense, but it also means the state must have solid lab results to back up any added drug-related charges.

7. Common Questions and Misconceptions

Clients frequently have questions about these added charges. Here are some common misconceptions and clarifications:

“Why wasn’t I charged with all of these from the start?” The state can only file specific charges when it has supporting evidence. The initial (A)(1) charge is based on observable impairment, while added charges require objective lab results.
“Does the delay benefit the state?” In some ways, yes, as the delay gives the state more time to gather evidence. However, this also benefits the defense by ensuring there’s clear lab-based evidence that can be reviewed for accuracy and possibly challenged.
“Does every DUI have added charges?” No, not every DUI case involves added charges. If your BAC is low or no drugs are found, you may only face the initial charge. However, if higher BAC levels or drugs are detected, added charges are common.

8. How Your Attorney Can Help Manage Added Charges

Having an experienced DUI attorney is crucial in cases with added charges. Here’s how an attorney can help:

Reviewing the Evidence: Your attorney will closely examine the blood test results, lab procedures, and other evidence. If there are errors or discrepancies, your attorney may challenge the reliability of the lab results.
Strategic Defense Planning: Added charges often require different strategies. For example, extreme DUIs may focus on challenging BAC testing methods, while drug DUIs might involve questioning the relevance or impact of specific drugs found.
Mitigating Exposure: An attorney can negotiate with the prosecution, seeking to reduce charges, avoid jail time, or achieve alternative sentencing options that lessen the impact on your life.
Preparing for Trial or Plea: Added charges create a higher-stakes environment. Your attorney will work with you to decide if taking the case to trial or pursuing a plea is best. With the potential of stacked charges, your attorney’s guidance becomes even more vital.

Final Thoughts

DUI cases in Arizona are serious, and added charges can increase your penalties and change the nature of your case. Understanding why these charges appear, how they impact your exposure, and what options you have can make a significant difference. If you’re facing added DUI charges, don’t wait to seek legal help. An experienced DUI attorney can guide you through the process, explain each charge, and help you make informed decisions every step of the way.