Title 28 Criminal elements

What are the elements of ARS 28-1381.A.1 Standard DUI?

1. Driving or being in actual physical control of a vehicle; 2. Within this state; 3. While under the influence of intoxicating liquor, drugs, or vapor; 4. Impaired to the slightest degree.

What are the elements of ARS 28-1381.A.2 Per Se DUI?

1. Driving or being in actual physical control of a vehicle; 2. Within this state; 3. Having an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control.

What are the elements of ARS 28-1382 Extreme DUI?

Driving or being in actual physical control of a vehicle with a blood alcohol concentration (BAC) of 0.15 or more (or 0.20 or more for Super Extreme) within two hours of driving.

What are the elements of ARS 28-1383 Aggravated DUI (4 main ways)?

Committing a DUI while: 1. Driver license is suspended/revoked; 2. It is a third DUI offense within 84 months; 3. A child under 15 years old is in the vehicle; 4. Ordered to operate with an ignition interlock device.

What are the elements of ARS 28-661 Failure to Stop for Accident Involving Injury or Death (Hit & Run Felony)?

1. Driver involved in an accident; 2. Accident results in injury or death; 3. Driver fails to immediately stop at the scene or as close as possible, and remain to provide aid and information.

What are the elements of ARS 28-662 Failure to Stop for Accident Involving Vehicle Damage (Hit & Run Misdemeanor)?

1. Driver involved in an accident; 2. Accident results only in damage to a vehicle driven or attended by a person; 3. Driver fails to immediately stop at the scene and remain to exchange information.

What are the elements of ARS 28-693 Reckless Driving?

Driving a vehicle in reckless disregard for the safety of persons or property (requires a high degree of risk, not just simple negligence).

What are the elements of ARS 28-701.02 Criminal Speed (3 ways to commit)?

1. Exceeding 85 miles per hour; 2. Exceeding the posted speed limit by more than 20 mph in a business or residential district; 3. Exceeding 35 mph in a school zone.

What are the elements of ARS 28-622.01 Unlawful Flight from pursuing law enforcement vehicle?

1. A driver of a motor vehicle; 2. Wilfully flees or attempts to elude; 3. An official, distinctively marked law enforcement vehicle; 4. With sirens and lights activated.

What are the elements of ARS 28-3473 Driving on a Suspended, Revoked, or Cancelled License?

1. Knowingly driving a motor vehicle on a public highway; 2. While their privilege to drive is suspended, revoked, cancelled, or refused.