DUI above .08%

DUI Lawyer Phoenix Arizona

DUI above .08% - Arizona Legal Limit

DUI Charges for BAC above .08% - AZ Legal Limit

Under Arizona Law A.R.S. § 28-1381 the legal limit for DUI is .08% Blood Alcohol Content (BAC). That is the level that Arizona presumes a person is under the influence of alcohol. Violations for DUI 0.08% or greater up to 0.149% is charged as a Class 1 Misdemeanor.

A driver can also be arrested for DUI charges BAC below .08%. This is called being "impaired to the slightest degree based on drugs or alcohol, under Arizona Law.

If a driver is accused of DUI based on BAC above .08%, the police will customarily issue two citations for the same DUI stop. The more alcohol a person has in their system, the more harshly the DUI charge will be treated under the law. For example, if a person is charged with DUI due to BAC .08% or greater, they will be issued two citations: ) DUI charge for "impaired to the slightest degree below .08%; and 2) 0.08% or higher.

A person may be in violation of Arizona’s DUI law if:

  • Person is driving or found to be in actual physical control of a vehicle. If the person is driving under the influencing of liquor or drugs any combination; and
  • When a person is driving with an alcohol BAC of .08 percent or higher within two hours of being found in actual physical control of a vehicle or driving.

Standard for Arrest for DUI above .08% BAC and Burden of Proof

The police will need to have "probable cause" to make an arrest for DUI .08% or greater. This means they will need substantiated evidence, such as failed Field Sobriety Tests; or results from an official breathalyzer test. The burden of proof rests with the prosecutor to prove "beyond a reasonable doubt", that a person was driving impaired to the slightest degree, and that their BAC results were .08% or higher.

Penalties for DUI above .08%

Penalties for first DUI conviction above 0.08% to 0.149 may include:

  • 1 to 10 days in Jail;
  • Fines, and fees $1200.00
  • Driver's license suspension 90 days;
  • Drug or Alcohol Education Classes or Counseling;
  • Probation;
  • Installation of Ignition Interlock Device 6 months to 1 year

Penalties for second DUI conviction within 7 years, above 0.08% to 0.149 may include:

  • 90 days jail including 30 consecutive;
  • Fines, and fees $ 2000.00
  • Driver's license revocation for 1 years;
  • Drug or Alcohol Education Classes or Counseling;
  • Probation;
  • Installation of Ignition Interlock Device 1 year (after driver's license is reinstated)
  • 30 hours of community service

Phoenix DUI Lawyer

If you face DUI charges for .08% BAC in Phoenix AZ, you can consult the Law Office of James Novak, PLLC regarding your charges and defense options. James Novak, Attorney at Law is a former Maricopa County prosecutor, and experienced DUI Trial lawyer. He defends cases exclusively in Maricopa County, and offers a free consultation for active DUI or criminal charges. If retained, he will protect your rights and defend your charges. There may be defenses that you are not aware of that apply to your unique case, that the Law Office of James Novak can use to get evidence or the charges dismissed. Often with breath tests, there can be weaknesses in the prosecution's case. Some problems with breath test evidence include improper administration of the test; problems with the machine; problems with reporting, and a host of other factors. If you face active criminal or DUI charges in Phoenix, Tempe, Mesa, Chandler, Gilbert, Scottsdale AZ or other surrounding cities in Maricopa County, call today for your free consultation (480) 413-1499.