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Can I get a DUI in Arizona if I'm under the legal limit?

  • Yes. Misdemeanor DUI in Arizona comes in two main forms: the first is under code section 28-1381(a)(1), which states: It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances: While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
  • The key phrase is 'impaired to the slightest degree', which gives a police officer wide latitude to interpret your movements, speech, demeanor and other observations to potentially charge you with DUI. Even if your blood alcohol is less than the legal limit of .08, under this provision you can still be charged and convicted. 

 

What is the legal limit in Arizona?

  • Basically, the cutoff is .08 or above, but as noted in the previous question, it is still possible to be charged and convicted if you are under this limit. The law states that you cannot drive or be in actual physical control of a vehicle in Arizona if you have an alcohol concentration of .08 or more within two hours of driving. However, if you are above a .15 or .20, punishments increase. Whether the police recovered a breath sample or blood sample, there are ways to fight and beat these cases. Machines can malfunction, the testing can be flawed and there needs to be the appropriate chain of custody. 

What is the legal limit in Arizona?

  • Basically, the cutoff is .08, but as noted in the previous question, it is still possible to be charged and convicted if you are under this limit. The law states that you cannot drive or be in actual physical control of a vehicle in Arizona if you have an alcohol concentration of .08 or more within two hours of driving. However, if you are above a .15 or .20, punishments increase. Whether the police recovered a breath sample or blood sample, there are ways to fight and beat these cases. Machines can malfunction, the testing can be flawed and there needs to be the appropriate chain of custody. 
  • Likely, but it is not 100%.  There are many factors that determine whether you will lose your ability to drive.  Misdemeanor DUI's in Arizona have two separate parts to them: (1) the actual criminal charges and (2) action the Motor Vehicle Division can take against your license. Depending on your specific situation, 
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I have 15 days to do what?

  • You have likely received a notice from a police officer directly or from the Motor Vehicle Division stating that you have