NFL Star Receives DUI In Scottsdale

CONTENTS

INTRODUCTION

APPLICABLE STATUTES

WHAT COUNTS AS IMPAIRED DRIVING?

WHAT IMPAIRED DRIVING IS NOT

FREQUENTLY ASKED QUESTIONS

CONCLUSION

Scottsdale is known for many things, and one of them is undoubtedly its lively nightlife. More and more, it is becoming a destination for golfing getaways and bachelorette parties full of women dressed as cowgirls. It can be tempting to join in on the action, but it can be dangerous if you get behind the wheel of a car after drinking alcohol. Consuming alcohol increases the chances of causing an accident while driving, and also that it will be a serious accident. Arizona has implemented strict DUI laws to negate the devastating effects of impaired driving. It is also illegal to have an open container of alcohol in a vehicle, which applies to both the driver and any passengers. One famous football player broke both of these laws in September 2024 in Scottsdale, Arizona. 

The football player in question is Eddie Lacy, a former running back for the Seattle Seahawks and the Green Bay Packers. The former NFL star was arrested after the police received calls about a potential drunk driver near Scottsdale Road and Bell Road. He was charged with Extreme DUI and having an open container. Lacy pled guilty to a Super Extreme DUI in Arizona in 2022, and has also been cited for offenses like driving on a restricted license and speeding in a school zone. While these traffic violations are expensive and add points to a driver’s record, they pale in comparison to a DUI conviction- especially if the driver is considered a repeat offender. Looking for a skilled attorney to take your DUI case, including if there are special factors like a high BAC or accompanying charges such as an open container violation? Contact our firm for your free consultation today by calling 602-661-0988. 

Applicable Statutes

Arizona’s DUI law is A.R.S. § 28-1381. It makes it unlawful for a driver to operate or have actual physical control of a motor vehicle with a BAC of 0.08 or higher. It is considered an Extreme DUI if the driver has a BAC of 0.15 or higher. Arizona’s open container law is A.R.S. § 4-251. If you have any questions about any of these statutes, contact our firm for your free criminal defense consultation by calling 602-661-0988. 

What Counts As Impaired Driving?

There are legal standards for intoxication behind the wheel of a car that are specific to Arizona. Many are based on how much alcohol is in a driver’s system, but DUI applies to all substances that impair a person’s ability to drive. Some examples of impaired driving under Arizona law include:

• Operating a motor vehicle with a BAC of .08 or higher
• Driving a golf cart with a BAC of .08 or higher
• Operating any type of motor vehicle with a BAC of .05 or higher if the officer believes that person to be under the influence
• Operating a commercial vehicle with a BAC of .04 or higher
• Driving for a transportation company, including a ride-share service, with a BAC of .04 or higher

What Impaired Driving Is Not

The precise wording in Arizona’s DUI law provides a defense under limited and specific circumstances, such as:

• Riding a horse while drunk
• Riding a bicycle (non-motorized) while intoxicated
• Going down the Salt River on a paddleboard or kayak after a few drinks
• Not having actual physical control over the vehicle- for example, waiting to sober up with the vehicle turned off and the keys in the trunk

Frequently Asked Questions

How do misdemeanor classifications work?

In Arizona, the most serious misdemeanor is a class 1 misdemeanor, and the least serious is a class 3 misdemeanor. DUI is considered a class 1 misdemeanor and an open container violation is a class 2 misdemeanor. 

Is jail time mandatory for an open container conviction?

Unlike DUI, there is no mandatory jail sentence for an open container violation in Arizona. However, because it is a class 2 misdemeanor, the defendant could serve no jail time at all or anywhere up to 4 months behind bars.  

What if I am recycling beer cans and bottles?

Arizona’s open container law applies to even trace amounts of alcohol that are likely present in a large quantity of alcoholic container recycling. You should be sure to keep alcohol recycling in the trunk of your vehicle so that open container laws do not apply. 

What if I was arrested with alcohol containers in the trunk?

Arizona’s open container law makes an exception for alcohol containers stored in the trunk of a vehicle, or behind the vehicle’s last upright seat if the vehicle does not have a trunk. 

What if I was arrested with alcohol containers in my glove compartment?

Arizona’s open container law makes an exception for alcohol containers stored in the glove compartment, but only if the glove compartment is locked. An unlocked glove compartment is considered immediately accessible by the driver or passengers and is therefore a violation of Arizona’s open container law. This could become a pivotal issue if you are arrested for having open alcohol containers in your glove compartment. 

What if the police violated my rights when they found the open container in my vehicle?

The police are supposed to have reasonable suspicion to investigate someone for a crime and probable cause to take them into custody for that offense. If you were stopped and your vehicle searched for an unconstitutional reason, such as the officer’s gut feeling or suspicion based on your ethnicity, this would violate your civil rights and be a cause for dismissal of the criminal charges against you. 

Can I say no to a breathalyzer test to avoid a DUI arrest in Arizona?

This strategy is not generally recommended because Arizona is an implied consent state. Saying no to a breathalyzer test will cause your driver’s license to be suspended for at least one year. You could lose your driving privileges for much longer than if convicted of a DUI, and still potentially be arrested for DUI after refusing a breathalyzer test. 

Arrested For DUI Or Open Container In Arizona? Contact Our Firm For Your Free Consultation. 

Receiving one or more misdemeanors in Arizona is a serious ordeal, especially if you are convicted of driving under the influence and are subject to mandatory jail time. If convicted, you will need to serve at least some time behind bars, and could end up in jail for several months. Anyone can serve jail time due to a DUI arrest in Arizona, including a former NFL player. But most people don’t have careers like a professional athlete where recovering from a criminal conviction won’t be too difficult. If you are convicted of a misdemeanor in Arizona, you could struggle to find a job, rent an apartment, get approved on a loan application, and more. The effects will be magnified if you are convicted of DUI at the felony level. Want to avoid the steep penalties that will be imposed on you if convicted of DUI in Arizona? Schedule your free consultation with an experienced defender from our Arizona Zero Down DUI firm. Contact us today by calling 602-661-0988.