Impaired to the Slightest Degree: DUI Charges When Your BAC is Below .08
It is common to hear of the .08 BAC threshold for DUI charges, however the state of Arizona is a zero-tolerance state. It allows for individuals to be charged with driving under the influence with a blood-alcohol content level under the .08 mark. This is known as being “impaired to the slightest degree.”
According to A.R.S. 28-1381, a person may be impaired to the slightest degree while under the influence of:
- Intoxicating liquor.
- Any drug (including valid prescriptions).
- A vapor releasing substance containing a toxic substance.
- Any combination of liquor, drugs, or vapor-releasing substances.
Law enforcement is able to enter an “Impaired to the Slightest Degree” charge without testing for BAC level since there is no mandated threshold for this charge.
In a DUI trial, action, or proceedings, defendant’s alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant’s blood, breath, or other bodily substance gives rise to the following presumptions:
- If there was at that time 0.05 or less alcohol concentration in the defendant’s blood, breath, or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.
- If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant’s blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
- If there was at that time 0.08 or more alcohol concentration in the defendant’s blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.
A BAC of below .08 provides room for rebuttal from the prosecution. If they can prove the defendant was impaired in any way, regardless of BAC, the defendant will be found guilty of the DUI charge.
Penalties for Being Impaired to the Slightest Degree
DUIs resulting from being impaired to the slightest degree can result in the same class 1 misdemeanor penalty as DUIs resulting from a BAC of .08 or higher and have mandatory jail time of at least one day. Additionally, they will include the other DUI penalties of mandatory ignition interlock installation, drug/alcohol counseling or screening, and possible probation.
Reach out to Rideout Law Group today if you have been charged with a DUI while impaired to the slightest degree.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.