Guthrie v. Jones

OPINION

FIDEL, Judge.

¶ 1 In order to support a charge of “traditional DUI,” the State must prove that a defendant was driving or in physical con trol of a vehicle “[wjhile under the influence of intoxicating liquor.” See A.R.S. § 28-1381(A)(1) (1998). In contrast, to support a charge of “per se DUI,” the State need not prove that the defendant was under the influence while driving or controlling a vehicle; it suffices to prove that, within two hours of driving or controlling a vehicle, the defendant had an alcohol concentration at or exceeding the statutorily determined rate. See A.R.S. §…