It is against state law in Arizona to operate or be in actual physical control of a vehicle while intoxicated by alcohol. To determine whether a driver is intoxicated, state law has a limitation on what is deemed a legal blood alcohol concentration (BAC) level. Understanding this law could save you from serious criminal charges.
If you have been charged with a DUI, contact our Scottsdale DUI attorney at Corso Law Group to discuss your legal options today. Call us at (480) 471-4616.
What Is the Legal BAC Limit in Arizona?
Arizona Revised Statute (ARS) § 28-1381(2) states that it is against the law for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of 0.08 or more. This law applies if a driver reaches this BAC at any point within two hours of driving or being in physical control of a vehicle, if the alcohol concentration results from alcohol consumed before or while driving.
If a motor vehicle driver has a commercial driver’s license and is operating a commercial motor vehicle, however, it is against the law for the driver to have a BAC of 0.04 or more under Part 4 of the law. Finally, if a driver is under Arizona’s legal drinking age of 21 years old, any detectable BAC (0.01 or more) could lead to a DUI arrest, as Arizona is a Zero Tolerance state for underage drinking and driving.
DUI Types in Arizona Based on BAC Level
A DUI charge and the related penalties imposed in Arizona vary based on the level of the individual’s blood alcohol concentration. A standard DUI will be prosecuted with a BAC between 0.08 and 0.149. A BAC of 0.15 to 0.199 will lead to an extreme DUI charge, while 0.20 or higher is a super extreme DUI.
Can You Get a DUI in Arizona if You’re Under the Legal Limit?
Yes. Arizona’s BAC limit is not all that is used to determine whether a driver has violated the DUI law. If a police officer suspects a level of intoxication that affects the driver’s ability to safely control the vehicle, the driver could be arrested for DUI – even if the driver’s BAC is under the legal limit of 0.08.
Under ARS § 28-1381(A)(1), it is illegal to operate or be in physical control of a vehicle if a driver is “impaired to the slightest degree” by alcohol or drugs. This means that if you blow a legal BAC into a breathalyzer as a driver, you could still be arrested for allegedly driving under the influence if the officer conducting the stop believes your ability to drive is impaired.
How Many Drinks Does it Take to Reach Arizona’s BAC Limit?
The Arizona Department of Public Safety offers a chart showing the effects of alcohol on an individual’s BAC level based on his or her body weight and number of drinks consumed. According to this chart, a 200-pound individual would exceed the legal blood alcohol level in Phoenix at five alcoholic drinks.
It is important to note, however, that BACs can change drastically from person to person based on biological sex, weight, alcohol metabolism rate, medications or drugs taken, whether the person has eaten, and many other factors. It is also critical to realize that you could still be arrested for allegedly driving under the influence in Phoenix with any detectable BAC if you appear impaired to the police officer.
If you are facing charges for DUI, contact the DUI defense lawyers at Corso Law Group for a free case consultation.
