Arizona has some of the most complicated, and most serious, DUI laws in the country. In Arizona, a DUI arrest can potentially lead to a variety of different charges, and understanding the specific charge (or charges) you are facing is critical for building a strategic defense. Among other things, this means making sure you know the specific “legal limit” that applies under the circumstances of your case.
Understanding the “Legal Limit” in Arizona DUI Cases
Like many states, Arizona’s standard “legal limit” in DUI cases is 0.08 percent. This means that if you get pulled over and your blood alcohol concentration (BAC) is 0.08 percent or above, you can be prosecuted for driving under the influence (DUI) under Arizona law.
But, while this is Arizona’s standard legal limit, other legal limits apply as well. Here are the numbers you need to know:
- 0.00 Percent – Arizona has a “zero tolerance” law for underage drunk driving. As the Arizona Motor Vehicles Division (MVD) explains, “If you are under 21, your license may be suspended if there is any alcohol concentration” in your blood.
- 0.04 Percent – If you get pulled over while driving a commercial vehicle, you can be charged with DUI in Arizona if your BAC is 0.04 percent or above. This is also the legal limit for rideshare drivers while they are providing “transportation network services.”
- 0.08 Percent – As we already discussed, 0.08 percent is Arizona’s standard legal limit for DUI. Regardless of your age, if you blow 0.08 percent or above on the breathalyzer, you can be prosecuted for DUI and face serious consequences if you get convicted in court.
- 0.15 Percent – If your BAC is 0.15 percent or above, you can be charged with an “extreme DUI” in Arizona. Extreme DUIs carry increased fines and additional jail time—including a mandatory minimum period of incarceration.
- 0.20 Percent – If your BAC is 0.20 percent or above, you can be charged with a “super extreme DUI.” Super extreme DUIs carry even harsher penalties than extreme DUIs under Arizona law.
As you can see, Arizona has several different “legal limits,” and understanding the legal limit that applies in your case is essential for determining both what is at stake and what you need to do to defend yourself. If you aren’t sure what BAC reading was recorded at the time of your arrest, your Phoenix DUI lawyer can find this out for you.
Blowing Over the Legal Limit Isn’t the Only Way You Can Face a DUI in Arizona
Importantly, while blowing over the legal limit is one way you can face a DUI in Arizona, an unlawful BAC isn’t the only evidence prosecutors can use to pursue a DUI charge. Under Section 28-1381.A.1. of the Arizona Revised Statutes:
“It is unlawful for a person to drive or be in actual physical control of a vehicle in this state . . . [w]hile under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.”
As you can see, this section of the law does not make any reference to your BAC. Instead, it provides that you are caught driving under the influence of alcohol and your faculties are impaired “to the slightest degree,” this is enough to warrant a conviction.
This means that even if you can keep your BAC out of court, this may not be enough to avoid a DUI conviction. If prosecutors have other evidence they can use to prove you were impaired, they may still be able to secure a conviction in court. Some examples of the types of evidence that prosecutors can use to prove impairment include:
- Dash camera footage
- Body-worn camera footage
- Footage from traffic cameras and surveillance cameras
- Field sobriety test (FST) results
- Police officer testimony
- Eye-witness testimony
- Drug recognition expert (DRE) testimony
- Social media posts
- Open containers and other physical evidence
- Forensic evidence (i.e., in the case of a DUI-involved accident)
If you admitted to drinking and driving, prosecutors may try to use your own words against you as well. But, as we have discussed previously, even if you admitted to driving drunk, this doesn’t necessarily mean that you will (or should) be convicted in court.
What Should You Do if You Blew Over the Legal Limit in Arizona?
With all of this in mind, what should you do if you blew over the legal limit in Arizona?
If you are facing a DUI under any circumstances, you need to prioritize your defense. Prosecutors will be working hard to secure a conviction; and, if you don’t defend yourself effectively, you could end up facing life-altering consequences that you could—and should—have avoided.
Prioritizing your defense starts with hiring a Phoenix DUI lawyer to represent you. When you hire an experienced lawyer to represent you, your lawyer will:
- Determine the specific charge (or charges) you are facing based on your BAC and any other evidence of impairment;
- Determine what defenses you can viably assert under the circumstances at hand;
- Help you make informed decisions about how best to proceed;
- Attempt to negotiate a favorable plea bargain on your behalf if warranted; and,
- Fight to help you avoid the life-altering consequences of a DUI conviction in court if necessary.
These are just examples of the steps your lawyer will take—and that need to be taken—in order to fight your DUI. If you need to know more, we encourage you to contact us for a free, no-obligation consultation today.
Request a Free, No-Obligation Consultation with an Experienced Phoenix DUI Lawyer at The Weingart Firm
Are you facing a DUI charge in Arizona? If so, we can help you fight to avoid unnecessary consequences, but it is important that you contact us promptly. To speak with an experienced Phoenix DUI lawyer at The Weingart Firm in confidence as soon as possible, call 480-493-0387 or request a free, no-obligation consultation online today.
