Arizona has some of the strictest DUI laws in the country, including the state’s standard for impairment. One of the most confusing aspects for many Arizona drivers is the term “impaired to the slightest degree.” This standard allows law enforcement to arrest and prosecutors to charge you with a DUI even if your BAC, or blood alcohol concentration, is below the legal limit of 0.08. Understanding how this works is essential if you are facing DUI charges in Arizona for a DUI.
Unlike some states where you need a BAC at or above 0.08 to face a DUI charge, Arizona DUI law allows for prosecution if the driver is even minimally affected by alcohol or drugs.
This means you could get a DUI offense that could impact your future. Even with a BAC below 0.08, prosecutors can show that your ability to drive was impaired to the slightest degree.
This article will cover the following subtopics:
- What Does Impaired to the Slightest Degree Mean?
- How Arizona DUI Laws Apply to Slightest Degree Charges
- Legal BAC Limits vs. Slightest Degree DUIs
- Potential Penalties for DUI to the Slightest Degree
- Five Common Defenses Against Slightest Degree DUI Charges
- 5 Frequently Asked Questions About DUI to the Slightest Degree
- Key Takeaways
- How Shah Law Firm Can Help If You’re Facing DUI Charges
This article explains what impaired to the slightest degree means, how it applies under Arizona law, the potential penalties, and why hiring a dedicated DUI defense lawyer can provide essential legal advice for your case that can make all the difference in your case.
What Does Impaired to the Slightest Degree Mean?
Arizona’s DUI law under A.R.S. 28-1381(A)(1) allows for a DUI charge if a driver is impaired to the slightest degree by alcohol or drugs, even if their BAC is lower than 0.08.
The slightest degree of DUI focuses entirely on whether your ability to control a vehicle was compromised in any way. Officers may rely on observations such as:
- Slurred speech
- Bloodshot eyes
- Poor performance on a field sobriety test
- Inconsistent answers to questions
Impairment to the Slightest Degree Explained
“Impaired to the slightest degree” does not mean fully intoxicated. Instead, it means your driving abilities were even slightly affected. You could appear mostly sober but still impaired driving in a way that concerns officers.
Alcohol and Drug Impairment
Arizona allows DUI charges based on alcohol or drug use, including prescription medications if they impair driving abilities. Even lawfully prescribed medications could lead to a DUI while impaired charge.
How Arizona DUI Laws Apply to Slightest Degree Charges
Arizona is a zero tolerance state, meaning prosecutors can aggressively pursue a DUI to the slightest degree charge regardless of your BAC level. This makes understanding Arizona law crucial if you’ve been arrested for DUI.
A.R.S. 28-1381 and DUI Charges
Under A.R.S. 28-1381(A)(1), you can be charged with a DUI if impaired to the slightest degree by drugs or alcohol, even if you do not exceed the blood alcohol limit. 0.08. This applies equally to:
- Alcohol DUIs
- Drugged driving under A.R.S. (prescription or illegal drugs)
Legal BAC Limits vs. Slightest Degree DUIs
Most people know about the legal limit of 0.08 for a standard DUI in Arizona, but the slightest degree charge is different. You could get a DUI with a BAC as low as 0.02 if you show impairment.
BAC Limits in Arizona DUI Cases
| BAC Level | DUI Charge Potential |
|---|---|
| Below 0.08 BAC | Possible if impaired to the slightest degree by drugs or alcohol. |
| 0.08+ | Standard DUI charge based on BAC level. |
| 0.15+ | Extreme DUI with enhanced penalties. |
| 0.20+ | Super Extreme DUI, leading to severe penalties and requiring legal defense. |
Potential Penalties for DUI to the Slightest Degree
A slightest degree DUI is still treated as a class 1 misdemeanor DUI, with penalties including:
- At least 10 days in jail (with potential for reduced time)
- Fines and fees exceeding $1,500+
- Required alcohol screening and treatment may be mandated after a DUI offense.
- Installation of an ignition interlock device
- Possible probation
| Penalty | Details |
|---|---|
| Jail Time | Minimum 10 days (possible suspension of 9 days with treatment). |
| Fines & Fees | The costs associated with a DUI offense can exceed $1,500+. |
| License Suspension | 90 days (1st offense). |
| Ignition Interlock | 12 months. |
| Alcohol Screening | Mandatory. |
| Criminal Record | Permanent misdemeanor conviction. |
Even though it’s a misdemeanor DUI, the consequences are long-lasting, especially for Arizona drivers with a previous DUI.
Five Common Defenses Against Slightest Degree DUI Charges
Facing a DUI impaired to the slightest degree can lead to serious consequences. Charge does not mean you’re out of options. An experienced DUI defense lawyer can explore several strategies, such as:
1. Challenging the Traffic Stop
Any evidence gathered might be suppressed if the officer lacked reasonable suspicion for pulling you over.
2. Questioning Field Sobriety Tests
Field sobriety tests can be subjective and unreliable, especially for people with medical conditions or physical limitations.
3. Medical Conditions or Prescriptions
If you have a documented medical condition that mimics impairment while driving, consult an experienced DUI lawyer. Impairment can be presented as evidence.
4. No Proof of Actual Impairment
Even if you had alcohol or medications in your system, the prosecution must prove impaired driving.
5. Rising BAC Defense
Your experienced DUI lawyer can help mitigate the situation. BAC might have been rising after you were stopped, meaning you were not impaired while driving under the influence.
5 Frequently Asked Questions About DUI to the Slightest Degree
1. Can you be convicted of a DUI with a BAC under 0.08 in Arizona?
Yes. Arizona’s impaired to the slightest degree law allows convictions even if your BAC is below 0.08, as long as you showed impairment.
2. Is a slightest degree DUI a felony?
No, the slightest degree of DUI is typically a class 1 misdemeanor unless you have multiple prior DUI convictions.
3. How can a DUI lawyer help with my case?
A Phoenix DUI lawyer can evaluate evidence, negotiate with prosecutors, and build defenses to challenge the DUI charge.
4. Can prescription drugs lead to a DUI?
Yes, if prescription medications impair your driving abilities, you could face a DUI impaired to the slightest degree, due to the slightest degree of charge.
5. Do I need a DUI attorney for a slightest degree charge?
Yes. Even though it’s a misdemeanor DUI, the penalties can significantly impact your future. Hiring a dedicated DUI defense attorney from a reputable law office is essential.
Key Takeaways
- Arizona is a zero-tolerance state with strict DUI laws.
- You can be charged with DUI if impaired to the slightest degree, even below 0.08 BAC.
- A slightest degree DUI is a class 1 misdemeanor DUI with severe penalties.
- Defenses exist, but you need a criminal defense lawyer with DUI defense experience.
- Every individual DUI case is different, requiring personalized strategies.
How Shah Law Firm Can Help If You’re Facing DUI Charges
The Shah Law Firm offers a free consultation, so if you’re facing DUI charges, contact us today to discuss your DUI case with a dedicated DUI lawyer who will fight for the best outcome possible.
Call Shah Law Firm now at (602) 560-7408 or visit the Shah Law Firm Contact Page to schedule your consultation.
