Misdemeanor DUI in Arizona – ARS 28-1381
A BAC of .08 may not seem very high at all, and unfortunately, can result in arrests for driving under the influence charges, oftentimes when the person driving is in actual physical control of the motor vehicle is very likely safe to do so. But because Arizona DUI laws associated with the legal BAC level are severe — usually only amounting in about one to two alcoholic beverages, depending on how much the person weighs, how long they have been drinking, and how much food they have consumed — it is not uncommon to be charged with a DUI offense in or around Phoenix, and the penalties are quite serious in most cases.
What it Means to Be Driving Under the Influence Based on AZ DUI Statute ARS 28-1381
In Arizona, according to ARS 28-1381, you are driving under the influence if you are driving or in actual physical control of the motor vehicle and have a blood alcohol concentration (BAC) level of .08 or higher within two hours of having driven, which is in some instances referred to as “per se driving under the influence,” and that essentially means that the person in actual control of the vehicle may automatically be arrested and charged with driving under the influence if his or her blood alcohol concentration level is at the level of .08 or higher.
On the other hand, a person operating a motor vehicle with a blood alcohol concentration (BAC) level of .05 or less within two hours of having operated a motor vehicle may or may not be considered to be driving under the influence if that BAC level is between .05 and .08 within two hours of having been in actual physical control of said motor vehicle.
From there, it all gets very confusing for most everyday people who do not have an in-depth understanding of the law and science of DUI, and that’s why it’s crucial that you understand that a DUI arrest does not at all have to mean a DUI conviction. Because even if this is your first and only misdemeanor driving under the influence charge in Arizona or anywhere else, you may still receive very severe penalties under the law if you are not properly represented.
... Read moreAbout Arizona DUI Laws
In the state of Arizona DUI laws and penalties have become increasingly more serious over the years, and now include mandatory ignition interlock installation for all convicted DUI offenders, even if that alleged offender was not over the Arizona blood alcohol concentration (BAC) legal limit of .08%. That is to say, that being impaired by any degree can result in a DUI arrest in Arizona, even if your breathalyzer shows a zero BAC and the arresting officer simply decides that you’re impaired.
About The Law Office of Daniel Hutto
As a former felony prosecutor for the State of Arizona, Phoenix DUI attorney Daniel Hutto is very well versed in DUI Cases from both sides and uses his years of experience in setting up an aggressive DUI defense strategy. Whether it’s a misdemeanor DUI offense, Extreme DUI or serious felony such as an aggravated DUI with a child in the vehicle, our staff has the proven knowledge and success to provide you a professional and proven effective defense.
To start with your free legal consultation today, give us a call at 602.536.7878 or visit AzCriminalandFamilyLaw.com and our experienced and caring staff will take all the needed information to get your defense underway.
Law Office of Daniel Hutto PLLC
4201 Noth 24th Street
Suite 220
Phoenix Arizona, 85016
Phone: (602) 671-0391
content.hutto@gmail.com
https://azcriminalandfamilylaw.com/
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