Arizona DUI Charges Don't Require .08 Percent Blood-Alcohol Level

April 14, 2011

Driving while under the influence doesn't just mean that you've exceeded the allowable blood-alcohol threshold. In Arizona, you can be arrested even if you had a drink but are not legally intoxicated.

Typically, a driver can be charged with a DUI offense if his blood-alcohol content (BAC) is .08 percent or higher. In Arizona, however, two provisions in the state's criminal traffic law allow police to charge drivers with DUI even if their BAC is less than the legal limit.

According to the provisions, a driver can be charged with lower BAC levels if seen driving erratically. Since some drivers are impaired after having one drink versus others after several drinks, the laws take into account the fact that each individual absorbs alcohol differently. The varying tolerance levels give police the ability to cite someone for DUI even if the BAC is within the legal limit. The same reasoning goes for someone operating a vehicle if impaired by drugs or other substances.

"Impaired to the slightest degree," as it's described, gives police officers the right to arrest an individual no matter what the BAC determines.

In addition, police can arrest a driver with a BAC at or above the legal limit up to two hours after the individual has driven a vehicle. So if an individual appears to be impaired while walking down the street, and police determine he or she was previously driving within the past two hours, the person can be charged. The laws are part of an aggressive effort by police and legislators in Arizona to curtail drunk or impaired driving.

If you are arrested for DUI in Arizona, it would be wise to contact an experienced DUI attorney. A defense lawyer can help you form a defense strategy, and attack weaknesses in the prosecution's case.

Article provided by Craig C Gillespie, PC
Visit us at www.phoenixduilawyers.com