If you’ve been pulled over in Goodyear and charged with a DUI even though your blood alcohol concentration (BAC) was under the legal limit, you may be wondering how this is possible. Arizona has some of the strictest DUI laws in the country, and under A.R.S. § 28-1381(A)(1), law enforcement can charge you with DUI if they believe you were impaired to the slightest degree, regardless of your BAC level.
At Arizona DUI Pros, we specialize in defending clients facing DUI charges, including cases where the accused was under the legal limit. Our team understands the complexities of Arizona DUI law and how to challenge the prosecution’s case effectively. If you or a loved one has been charged with DUI, call us today at (602) 922-3755 for a free consultation.
Understanding DUI Charges When You’re Under the Legal Limit
Many people assume that they can only be arrested for DUI if their BAC is 0.08% or higher, but this is a common misconception. In Arizona, you can still face DUI charges even if your BAC is under the legal limit if an officer determines that your ability to operate a vehicle was impaired.
Arizona’s DUI Laws and How They Apply
Arizona Revised Statutes A.R.S. § 28-1381(A)(1) states that a person can be charged with DUI if they are driving or in actual physical control of a vehicle while impaired “to the slightest degree.” This means that even if your BAC is below 0.08%, you can still be arrested if an officer believes your driving ability was affected by alcohol, drugs, or a combination of both.
Some common ways law enforcement justifies a DUI arrest when someone is under the legal limit include:
- Erratic driving behavior – Weaving, sudden braking, or failing to obey traffic signals.
- Field sobriety test performance – If an officer believes you failed these tests, they may claim impairment.
- Officer observations – Slurred speech, bloodshot eyes, or the smell of alcohol may be used as evidence.
- Drug impairment – Prescription or recreational drug use can also lead to DUI charges, even without alcohol.
How Police Determine Impairment When You’re Under the Legal Limit
Many drivers believe that if they are under the legal limit, they are safe from a DUI arrest. However, Arizona law allows police officers to use several methods beyond a breathalyzer test to determine impairment. Even if your BAC is below 0.08%, an officer can still arrest you if they believe you are impaired to the slightest degree under A.R.S. § 28-1381(A)(1).
Field Sobriety Tests (FSTs) and Subjective Observations
One of the primary ways police determine impairment when a driver is under the legal limit is through field sobriety tests (FSTs). These tests are designed to assess coordination, balance, and cognitive function. However, they are often highly subjective and influenced by factors such as anxiety, fatigue, or even medical conditions.
Some common FSTs include:
- The Horizontal Gaze Nystagmus (HGN) Test – The officer asks the driver to follow a moving object with their eyes. If the eyes jerk involuntarily, the officer may claim this indicates impairment.
- The Walk-and-Turn Test – The driver must walk heel-to-toe in a straight line, turn, and walk back. Poor balance or missteps can be interpreted as signs of intoxication.
- The One-Leg Stand Test – The driver must stand on one leg while counting aloud. Even a slight wobble can lead an officer to believe the person is impaired.
Because these tests are highly subjective, a nervous or naturally uncoordinated driver might fail even if they are completely sober or under the legal limit.
Breath and Blood Tests for Impairing Substances
Even if a breathalyzer test shows a BAC under the legal limit, officers may still suspect impairment due to other substances. In such cases, they may request a blood test to check for drugs, including:
- Prescription medications (such as anti-anxiety drugs or sleep aids)
- Over-the-counter medications (such as cough syrup or allergy medicine)
- Illegal substances (such as marijuana or cocaine)
Under A.R.S. § 28-1381(A)(3), a driver can be charged with DUI if any controlled substance is found in their system, regardless of whether it actually impaired their driving. This means that someone who takes prescribed medication as directed could still be arrested for DUI if an officer believes they were impaired.
Officer’s Personal Observations and Dash Cam Footage
An officer may justify an arrest by citing physical signs of impairment, such as:
- Slurred speech
- Bloodshot or watery eyes
- The smell of alcohol or marijuana
- Confusion or delayed responses
- Difficulty retrieving a driver’s license or registration
However, these observations can sometimes be misleading. Fatigue, allergies, or nervousness can cause red eyes or slowed speech. This is why having a DUI defense attorney who can challenge these subjective claims is crucial, especially when a driver is under the legal limit.
At Arizona DUI Pros, we know how to challenge the validity of these tests and observations. If you’ve been arrested despite being under the legal limit, call us at (602) 922-3755 to protect your rights.
Hypothetical Scenarios
Scenario 1: The Responsible Driver Who Still Gets Arrested
John, a 32-year-old Goodyear resident, had dinner with friends and enjoyed a single glass of wine. Knowing that Arizona has tough DUI laws, he waited an hour before driving home, ensuring he felt completely fine. As he drove, a police officer pulled him over for failing to signal a lane change.
During the traffic stop, the officer smelled alcohol on John’s breath and asked him to perform field sobriety tests. John complied, but the officer claimed he exhibited signs of impairment. A breathalyzer test showed John’s BAC at 0.04%, well under the legal limit. Despite this, the officer arrested him under A.R.S. § 28-1381(A)(1) for being impaired to the slightest degree.
Now facing DUI charges, John contacted Arizona DUI Pros at (602) 922-3755. Our legal team reviewed body cam footage, questioned the reliability of the field sobriety tests, and challenged the arresting officer’s claims. By presenting expert testimony, we successfully argued that John’s driving was not impaired, and the case was dismissed.
Scenario 2: Prescription Medication Leads to a DUI Charge
Samantha, a 40-year-old school teacher in Goodyear, was prescribed anti-anxiety medication by her doctor. She took her medication as directed and did not consume any alcohol. While driving home from work, she was pulled over for allegedly swerving within her lane.
The officer suspected impairment and conducted a breathalyzer test, which showed a BAC of 0.00%, confirming Samantha had no alcohol in her system. However, after admitting she was on prescription medication, the officer arrested her for DUI under A.R.S. § 28-1381(A)(1), alleging that she was impaired to the slightest degree.
Samantha immediately reached out to Arizona DUI Pros at (602) 922-3755 for legal help. We reviewed her medical history, challenged the officer’s subjective observations, and brought in a pharmacology expert to testify that her prescribed medication did not impair her driving. As a result, the prosecution dropped the charges.
Common Asked Questions About DUI Charges
1. Can I really be arrested for DUI if my BAC is below 0.08%?
Yes. Under A.R.S. § 28-1381(A)(1), Arizona law allows DUI arrests even when a driver’s BAC is under the legal limit if law enforcement believes they were impaired to the slightest degree.
2. How can an officer prove impairment without a high BAC?
Police use field sobriety tests, officer observations, and sometimes blood tests to determine impairment. These tests, however, are subjective and can be challenged in court.
3. What are my rights if I’m arrested for DUI under the legal limit?
You have the right to remain silent and the right to an attorney. If arrested, contact Arizona DUI Pros at (602) 922-3755 to discuss your defense options.
4. Can prescription medications result in a DUI charge?
Yes. Even if you are taking legal medication as prescribed, you can still be charged with DUI if the officer believes it impairs your ability to drive.
5. How can a DUI attorney help in cases where I was under the legal limit?
A skilled DUI lawyer can challenge the evidence against you, question the validity of field sobriety tests, and argue against the officer’s subjective observations to fight the charges.
Common Myths About DUI Charges When You’re Under the Legal Limit
Many drivers have misconceptions about how DUI laws work in Arizona, especially when it comes to being under the legal limit. Here are some of the most common myths—and the truth behind them.
Myth 1: You Can’t Be Arrested If Your BAC Is Under 0.08%
Reality: Arizona’s DUI laws focus on impairment, not just BAC. Under A.R.S. § 28-1381(A)(1), you can be arrested if an officer believes you are impaired, even with a BAC well under the legal limit.
Myth 2: Refusing a Breathalyzer Test Will Prevent a DUI Charge
Reality: Arizona has implied consent laws under A.R.S. § 28-1321, meaning that if you refuse a breathalyzer or blood test, your driver’s license can be automatically suspended for one year—even if you were under the legal limit.
Myth 3: If You Feel Fine, You Can’t Get a DUI
Reality: Many factors affect how alcohol or medication impacts the body. Some people may feel completely sober but still exhibit signs that officers interpret as impairment. Additionally, alcohol tolerance varies, meaning two people with the same BAC could have vastly different levels of impairment.
Myth 4: Prescription Medications Can’t Lead to a DUI
Reality: Even legally prescribed medications can result in DUI charges if they affect your ability to drive. Officers often arrest drivers who appear impaired, even if they are under the legal limit and taking medication exactly as prescribed.
Myth 5: You Can Talk Your Way Out of a DUI Arrest
Reality: Anything you say to law enforcement can and will be used against you. Many people unknowingly incriminate themselves by trying to explain their situation. If you are stopped, it’s best to remain calm, provide your license and registration, and request an attorney immediately.
If you’ve been charged with DUI and were under the legal limit, don’t assume the case is unwinnable. The experienced attorneys at Arizona DUI Pros can challenge the prosecution’s evidence and fight for your rights. Call us at (602) 922-3755 today for a free consultation.
Relevant Arizona DUI Statutes
A.R.S. § 28-1381(A)(1) – DUI Impairment to the Slightest Degree
This statute states that a person can be charged with DUI if they are impaired to the slightest degree, regardless of their BAC level.
A.R.S. § 28-1381(A)(3) – DUI for Drug Impairment
Drivers can be arrested if any controlled substance is found in their system, even if it was legally prescribed.
A.R.S. § 28-1385 – Administrative License Suspension
Even if you’re under the legal limit, a DUI arrest can result in a suspended driver’s license.
Facing DUI Charges? Contact Arizona DUI Pros Today
Being arrested for DUI while under the legal limit can be frustrating and confusing. However, Arizona law allows these types of arrests, making it essential to have an experienced DUI attorney on your side. At Arizona DUI Pros, we have successfully defended countless clients against unfair DUI charges, including cases where BAC levels were below 0.08%.
If you or a loved one is facing DUI charges, don’t wait—call Arizona DUI Pros at (602) 922-3755 today for a free consultation. Our legal team is ready to fight for your rights and protect your future.
