Can I Get a DUI Under the Legal Limit in Phoenix?
Many drivers believe that if their blood alcohol concentration (BAC) is under 0.08%, they’re safe from DUI charges. However, Arizona law, particularly in Phoenix, allows for DUI charges even when a driver is under this threshold. This article discusses how you can still get a DUI under the legal limit in Phoenix, what the potential consequences are, and what steps you should take if you face such charges.
DUI Laws and Getting a DUI Under the Legal Limit in Phoenix
Arizona is known for its stringent DUI laws. Arizona Revised Statutes (ARS) § 28-1381 states that it is illegal to operate a vehicle if you are impaired to the slightest degree, regardless of your BAC. This means that you can be charged with a DUI under the legal limit in Phoenix if law enforcement believes your driving abilities were impaired by alcohol.
Key Takeaways:
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A BAC below 0.08% does not automatically mean you’re immune from DUI charges.
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Officers rely on field sobriety tests and their observations to determine impairment.
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Behavioral signs like erratic driving and physical symptoms such as bloodshot eyes can support DUI charges, even at a lower BAC.
What “Impairment to the Slightest Degree” Means for a DUI Under the Legal Limit in Phoenix
The term “impairment to the slightest degree” is central to Arizona’s DUI regulations. It refers to any level of impairment that affects a driver’s ability to safely operate a vehicle. For instance, if an officer notices signs like delayed reactions, unsteady movements, or slurred speech, they may pursue a DUI under the legal limit in Phoenix.
Zero Tolerance and DUI Under the Legal Limit in Phoenix for Underage Drivers
Arizona has a zero-tolerance policy for drivers under 21, outlined in ARS § 4-244(34). This policy makes it illegal for anyone under 21 to drive or be in control of a vehicle with any trace of alcohol in their system. Young drivers can face a DUI under the legal limit in Phoenix, even with a BAC well below 0.08%.
Penalties for a DUI Under the Legal Limit in Phoenix
Even if your BAC is under 0.08%, being charged with a DUI under the legal limit in Phoenix can still lead to severe penalties. While these penalties may be lighter than those for higher BACs, they remain significant:
- First-Time Offenders:
- Fines and court fees exceeding $1,000.
- Mandatory participation in alcohol education or treatment programs.
- Up to 10 days in jail, with potential reduction for completing treatment.
- Installation of an ignition interlock device on your vehicle.
- Repeat Offenders:
- Higher fines and longer jail sentences.
- Extended license suspension or revocation periods.
- Stricter requirements for alcohol treatment and rehabilitation.
Where DUI Under the Legal Limit Cases Are Handled in Phoenix
If charged with a DUI under the legal limit in Phoenix, your case may be heard in one of the following courts:
- Phoenix Municipal Court: Located at 300 W. Washington St., Phoenix, AZ 85003.
- Maricopa County Superior Court: Handles more severe or repeat DUI cases.
- Regional Justice Centers: These centers handle cases from the wider Phoenix metro area.
Defending Against a DUI Under the Legal Limit in Phoenix
Facing charges for a DUI under the legal limit in Phoenix can be daunting, but an experienced attorney can explore several defense strategies:
- Challenging Field Sobriety Tests: These tests can be subjective, with factors like fatigue or medical conditions affecting performance.
- Questioning Officer Observations: Any inconsistencies or errors in the officer’s report can weaken the prosecution’s case.
- Examining BAC Test Accuracy: Procedural errors or calibration issues with testing equipment can cast doubt on BAC results.
Steps to Take if You’re Facing a DUI Under the Legal Limit in Phoenix
If you are facing charges for a DUI under the legal limit in Phoenix, here’s what to do:
- Hire a DUI Attorney: Arizona DUI Pros, led by Michael Tamou, provides experienced legal representation and can guide you through Arizona’s complex DUI laws.
- Document Your Experience: Record all details of your traffic stop, including interactions with the officer and tests performed.
- Attend All Court Dates: Missing a court date can result in additional penalties and complications.
Conclusion: Understanding a DUI Under the Legal Limit in Phoenix
Arizona’s DUI laws are strict, making it possible to face charges even when your BAC is below 0.08%. Understanding what it means to face a DUI under the legal limit in Phoenix and seeking skilled legal counsel is crucial. Arizona DUI Pros is committed to supporting you throughout your case and helping you pursue the best possible outcome. Call us at anytime for more information at (602) 922-3755.
