How BAC impacts DUI impairments and penalties in Arizona
According to the National Center for Disease Control (CDC) recent studies three categories of people are the most at risk of getting an alcohol or drug related DUI. Those categories include young people; motor cyclists; and repeat DUI offenders:
1) More than one of every three fatal crashes involved a driver’s with BACs of 0.08% or greater were between the age of 21 to 24 (34%); The next largest percentage of age groups were the 25 to 44 years of age (28% average);
2) Of all motorcyclist involved in a fatality 28% of them had a BAC of 0.08% or greater. Of those impaired riders killed 44% were between the ages of 40 to 44 years of age;
3) Motorist with BACs of 0.08% or greater involved in fatal accidents were four times likely to have a prior DUI – DWI conviction.
Arizona DUI Legal Limit BAC Laws and Penalties
Arizona has some of the most strict laws and harsh punishments in the country. The higher the BAC level, if the impairment is due to alcohol, the more impaired they become. The more impaired the driver. Arizona recognizes this, and consequently has laws in place that increase the severity of charges and penalties for higher BAC limits.
Under A.R.S. 28 – 1381 the legal limit for Blood Alcohol Content in a person’s system is 0.08% or greater. However, under the law, a person may be guilty of DUI even if their BAC is below the legal limit of 0.08%, or even if they had no alcohol in their system. This is called being “impaired to the slightest degree. A person convicted of these charges will be exposed to 10s jail along with other harsh penalties.
Under A.R.S. 28 – 1382 a motorist with a BAC of 0.15% or more, and less than 0.20 is considered to be under the Extreme Influence of alcohol. A person found guilty of these charges will be subject to 30 days in jail, in addition to other harsh penalties.
And under A.R.S. 28 – 1382 and a driver with a BAC of 0.20% or greater is will be guilty of Arizona Super Extreme DUI charges. Penalties for this offense will be subject to 45 days in jail in addition to the other harsh penalties.
Second DUI offenses expose a driver to heavier sentencing of 90 to 180 days in jail in addition to other harsh penalties.
Third offense within 7 years will result in Aggravated DUI (Felony), which will expose a person to prison sentencing that ranges from 4 to 8 months in imprisonment.
Convictions in all of these cases will result in adverse Driver’s License actions including suspensions, denials, or revocations; court ordered installation and use of Ignition Interlocking device on vehicle; alcohol or substance abuse screening and counseling; fines, fees, costs; probation; community service; or restitution.
DUI Lawyer Chandler AZ
If you were arrested for any type of impaired driving charges due to drugs or alcohol you should consult an experienced criminal defense attorney who defends DUI charges. They will discuss your matter and options for defense. If retained they will evaluate your case to determine if any defenses are available to challenge the charges; defend your charges; make sure your rights are protected; and work to get the best possible resolution to your case.
• Arizona State Legislature – DUI laws and Impaired to the Slightest Degree
• Arizona State Legislature – DUI laws – Extreme and Super Extreme DUI Laws
• National Center for Disease Control (CDC)
• Arizona Department of Public Safety – Driver Impairment
Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
Arizona DUI & Criminal Defense Firm
Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ