If you have been arrested for Impaired to the Slightest Degree DUI in Arizona, you need a skilled Criminal Defense Lawyer who knows the DUI law and can fight for your rights. A DUI case can have serious consequences, such as losing your license, paying fines and fees, installing an ignition interlock device, and even going to jail. You don’t want to face these penalties without a strong defense.
At The Law Offices of Brian D. Sloan, we have the experience and knowledge to handle any DUI offense, from Misdemeanor DUI to Extreme DUI. We know how to challenge the evidence against you, such as the field sobriety tests, the blood alcohol level, and the control of a vehicle. We also know how to negotiate with the prosecutors and judges to get you the best possible outcome.
DUI to the Slightest Degree: What You Need to Know
DUI, to the slightest degree, by itself, is a Class 1 Misdemeanor in Arizona law. It is illegal for anyone to drive or be in Actual Physical Control of a vehicle while Impaired to the Slightest Degree by intoxicating liquor, a drug, a vapor-releasing toxic substance, or a combination of these. This means that you can be charged with a DUI even if your blood alcohol content (BAC) is below the legal limit of 0.08%.
In Arizona, the law makes certain presumptions about impairment. If a person’s alcohol level is 0.08 or higher, they are legally considered to be impaired. For those with an alcohol level between 0.05 and 0.08, the law has no presumption. However, if the alcohol level is between 0.01 and 0.49, the individual is presumed to be not impaired.
Even though the law presumes that someone isn’t impaired to that extent, a prosecutor could theoretically still proceed at trial and argue impairment. The prosecution must prove that you were impaired to the slightest degree in order to convict you of a DUI. This means that they must show that your ability to drive safely was impaired, even if only slightly.
There are a number of factors that the prosecution may consider when determining whether or not you were impaired, including:
- Your BAC level
- Your driving behavior
- Field Sobriety Test results
- Statements from witnesses
- Any other evidence of impairment
Penalties of DUI to the Slightest Degree
If you are convicted of a DUI to the slightest degree, you could face the following penalties:
- Up to 6 months in jail
- A minimum of around $1,500 in fines and fees
- A driver’s license suspension
- Installation of an ignition interlock device (IID)
- Possible community service
- Alcohol counseling