DUI below .08%
DUI under .08% - Impaired to the Slightest Degree
DUI Charges for BAC under .08% - Impaired to the Slightest Degree
The legal limit for DUI charges in Arizona is .08% Blood Alcohol Content or BAC. However, under Arizona law a driver can also be arrested for DUI charges for BAC below .08%, (the legal limit). This charge is called "impaired to the slightest degree". They may be charged with "impaired to the slightest degree" either by influence of drugs or alcohol.
Customarily, the police to will issue multiple DUI charges for the same incident. The greater the BAC, the more DUI charges will be added. For example if a person is found to be driving under the influence of alcohol with a BAC of 0.8 or greater, they may be issued 1) DUI charge for "impaired to the slightest degree; and 2) 0.08% or greater.
For Extreme DUI0.15% or greater, they may receive three DUI charges; 1) "impaired to the slightest degree; 2) .08% or greater and 3) .15% or greater; For Super Extreme 0.20% or greater: they may receive four DUI charges; 1) "impaired to the slightest degree; 2) .08% or greater and 3) .15% or greater; 4) .20% or greater.
Arizona Law A.R.S. § 28-1381
Under A.R.S. 28-1381 it is unlawful for a person to be under the influence which causes the driver "impaired to the slightest degree" while:
- The driver is in actual physical control of a vehicle in this state; and
- While the driver is Under the influence of alcohol or drugs, or in combination of them.
- While the driver is under the influence of a controlled substance; and/or
- The driver is found to have a Blood Alcohol Content (BAC) of .08% or greater from consuming alcohol during or prior to driving up to two hours after operating or having actual physical control of a vehicle.
Standard for Arrest for DUI below .08% - Impaired to the Slightest Degree
The standard for police to make an arrest for DUI "impaired to the slightest degree is "probable cause". The police must have probable cause which means some substantive evidence. In absence of .08% or greater DUI breath or blood test results they would need evidence such a failed Field Sobriety Test; the driver admitting to be drunk; breath or blood tests results which show a trace or the existence of any alcohol or drug which could have resulted in a slight impairment to their driving. The burden of proof rests with the prosecution to prove that a person was driving impaired to the slightest degree due to alcohol or drugs.
Penalties for DUI under .08% - Impaired to the Slightest Degree
A person in violation of A.R.S.28-1381 - "Impaired to the Slightest Degree" will be charged with a Class 1 Misdemeanor. The penalties are a Class 1 Misdemeanor DUI -"Impaired to the slightest degree" under .08% are the same for "impairment to the slightest degree" under .08% as they are for .08% or greater in Arizona. They include mandatory jail time; ignition interlock device; court ordered counseling or education classes for alcohol or drugs; probation; fines and fees.
Tempe DUI Lawyer for Defense of DUI charges
If you face active DUI charges, you should consult a Tempe DUI lawyer, James Novak, of the Law Office of James Novak, PLLC to discuss your charges and defense options. DUI charges below .08% are not always easy for the prosecutor to prove beyond a reasonable doubt. But you will need to retain an experienced criminal defense firm like the Law Office of James Novak, to defend your charges. James Novak, Attorney at Law is a former prosecutor, with a vast amount of DUI and crime litigation experience. The Law Office of James Novak exclusively defends DUI and criminal cases. If retained, James Novak, will protect your rights; examine the evidence; tailor and build a defense case on your behalf. The will attempt to get any unjustifiable evidence dismissed from being used against you, and look for ways to get your charges dismissed. If the charges cannot be dismissed, they will work to reduce the charges and penalties to get the best possible outcome in your case.