DUI To The Slightest Degree Attorney
A.R.S. § 28-1381(A)(1) – DUI to the Slightest Degree – BAC less than .08
When defending against DUI, there are a multitude of defenses and negotiation strategies that can be implemented by a competent and experienced Mesa DUI defense lawyer. The facts of the case, specific DUI charges, prior driving history, the underlying investigation, alcohol and drug testing methods, the court, judge, and specific prosecuting agency, can all play into defending against DUI.
Contact Tobin Law Office
Affordable, Local, Top Rated Criminal Defense Lawyer
Dedicated DUI Lawyers Defending You Against Police Allegations
Our Top-Rated DUI Law Firm Can Help You Understand Arizona’s Zero Tolerance DUI Laws
Arizona is one of the strictest states in the nation when it comes to DUI laws. It is a zero tolerance state, which means that even if you are pulled over with a BAC level of less than the legal limit of .08%, you can still be convicted of a DUI to the Slightest Degree. When you are facing charges of this nature, it’s critical for you to get a top-rated Arizona DUI defense attorney on your side who can help fight against police allegations and other difficulties you may face.
Mandatory Minimum Penalties For A.R.S. § 28-1381(A)(1): DUI To The Slightest Degree:
A common misconception about Arizona DUI law is that one can only be charged with DUI when driving above the “legal limit” of .08 BAC. This isn’t true because Arizona is a zero tolerance state; there’s no legal limit for an alcohol DUI. Commonly referred to as Arizona’s zero tolerance DUI, A.R.S. 1381.A1 makes it a crime to drive while impaired to the slightest degree from liquor, drugs, or any combination thereof. All that must be proved by the prosecutor, beyond a reasonable doubt, is that the driver was impaired by alcohol or drugs to the slightest degree.
To this DUI charge, it’s not a defense that the driver was only under the influence of a valid and legal medical prescription. That’s because Arizona prohibits impaired driving from any alcohol or drug. Legal or not, prescribed or not, Arizona drivers cannot be impaired by drugs.
Jail
10 days, but as little 1 day jail, if your criminal defense lawyer successfully negotiates for a suspended jail sentence with proof to the Court that you successfully completed an alcohol/drug assessment and classes.
Money
When you are charged with a DUI to the slightest degree in Arizona, it can put a dent in your wallet with approximately $2,000 in fines, fees, court & jail related costs.
Counselling
If convicted, this could mean that you may be required to submit to regular alcohol and drug screening, counseling, and other classes to prevent future DUI related actions in the future.
Driver’s License
Being charged with a DUI to the slightest degree in Arizona means that you will have a 90 day license suspension (no driving first 30 days / restricted driving last 60 days).
Interlock Device
As little as 6 months ignition interlock device if you comply with all interlock device requirements through 6 months, including compliance with routine device maintenance and never blowing a positive alcohol reading into the interlock device.
MVD Points
Like any traffic citation, a DUI comes with the addition of 8 MVD points on your license, as well as requiring you to attend Traffic Survival School as an added consequence.
Insurance
DUI Charges also require you to obtain an SR-22 Insurance Policy for up to three years. This is a policy designed for high risk drivers and can sometimes be avoided with the right strategy.
Maximum Penalties For A.R.S. § 28-1381(A)(1): DUI To The Slightest Degree:
Driving Under The Influence Penalties In Arizona
Arizona’s impairment to the slightest degree almost always accompanies at least one other DUI charge. The first charge on your citation is likely “impaired to the slightest degree” under ARS 1381(A)(1) followed by additional DUI charges of specific BAC levels. If police suspect that you’re under the influence of prescription or narcotic drugs, you’ll additionally be charged with drugged driving under A.R.S. 1381(A)(3).
- Community Service: 30 hours community service
- Insurance: Obtain SR-22 Insurance Policy for up to 3 years
- Money: Approximately $5,000 in fines, fees, and jail related costs
- MVD Points: 8 points to MVD Record and Traffic Survival School
- Interlock Device: 1 year of ignition interlock after the one year license revocation
- Driver’s License: Driver’s license is revoked for one year; however, after the first 45 days of the revocation period, you can apply for a restricted license, which allows you to travel to and from work, school, medical, and court related appointments so long as an ignition interlock device is installed on your vehicle
- Jail: 90 days, but as little as 6 days jail and 24 days home detention, if your defense attorney successfully negotiates for home detention with a suspended jail sentence; this requires proof to the Court that you successfully complete an alcohol/drug assessment and classes. Home detention entails wearing a continuous alcohol monitoring device on your ankle or blowing twice a day into a telephonic alcohol breath testing device. You’re allowed to go to work while on home detention. Home detention isn’t available in superior court or justice court. If home detention isn’t available, a defendant, at a minimum, would have to serve 30 days jail, but could participate in the jail’s work release program after serving 48 hours. Work release permits you to leave jail 6 days a week, 12 hours a day
Arizona’s BAC Readings And Common DUI Charges
In terms of alcohol allegations, the higher your BAC reading form the breath or blood tests, the more DUI charges you’ll face. For example, if you provide an alcohol reading of 0.8 BAC or higher, you’ll be charged with two alcohol DUI counts: (1) DUI while impaired to the slightest degree; and, (2) 0.08 BAC. If you provide an alcohol reading of 0.15 or higher, you’ll be charged with three alcohol DUI counts: (1) DUI while impaired to the slightest degree; (2) 0.08 BAC; and, (3) 0.015 BAC. If you provide an alcohol reading of 0.20 BAC or higher, you’ll be charged with four alcohol DUI counts: DUI while impaired to the slightest degree; (2) 0.08 BAC; (3) 0.015 BAC; and, 0.20 BAC.
Additionally, if police believe that you’re under the influence of any drug, or your blood sample reveals the presence of any drug, or its metabolite, you’ll also be charged with drugged driving under A.R.S. 1381(A)(3).
Drugs Or Alcohol Based Slightlest Degree Charge According To Police
When police make observations that—they subjectively believe—indicate that you’re impaired, they’ll arrest you for DUI. There’s no minimum alcohol level. Police must only submit that you appeared to be impaired by drugs or alcohol based on their observations, training, and experience. Common police observations include bad driving, motor skills, field sobriety tests, bloodshot watery eyes, alcohol odor, slurred speech, appearance, and demeanor—among others.
Police and prosecutors love to say that any drop of alcohol or drugs causes impairment; they’ll harp on the idea that there’s zero tolerance in Arizona. However, we as a common sense citizenry understand this isn’t true, nor is it fair. As such, juries will often render a not guilty verdict to the slightest degree charge.
What A Skilled DUI Lawyer Near You Can Do With
Police DUI Testing Errors
In any DUI charge, including impaired to the slightest degree, it’s important to look for police and testing errors, shortcomings in the prosecutor’s case, and any constitutional violations that might warrant a complete dismissal. A complete dismissal is the most desirable outcome in any criminal case and should always be explored when defending against DUI.
Depending on the facts and charges of your specific DUI case, there can be benefits of either going to trial or seeking a plea agreement with reduced charges or penalties. There’s usually a great benefit in negotiating down to a lesser or different charge due to mandatory minimum penalties.
Top-Star Rated Client Reviews
Read 5-Star Ratings And Testimonials For Our DUI Lawyers
Extremely helpful
“Tim did an outstanding job representing me in my recent DUI case. He kept my sentence to a minimum and kept me informed throughout the entire process. I would recommend hiring Tim. Excellent work and customer service!!” — William E.
I am overly pleased
“My experience with attorney Timothy Tobin (Chandler,AZ) is as follows. Tim was straight up about our expectations for my case from the beginning. Communications and response with Tim using text, email, and calls is 5-star. All court documents, filings, motions, etc. are made available to you. The results of my case came out as he counseled. Case dismissed.” — Joseph O.
Most professional and communicative lawyer
“Money very well spent. This was the best experience with an attorney ever. My case went on for a year and a half and I live out of state. Mr. Tobin answered every email, phone case and text I sent him personally and his response was always timely. I have never received such personal attention from an attorney before. He was professional and thorough and knew the law! Bottom line--WE WON!!!!” — Lisa K.
What Can Your AZ DUI Lawyer Do In A Driving Under The Influence Case
Tobin Law Office Can Do The Following, And More,
As Your DUI Attorney
Frequently Asked Questions About Intoxicated Driving
Or With Impaired Ability (DUI)
Being entered into the criminal justice system can be a difficult and confusing time, but our team of DUI defense lawyers in Arizona are here to support you every step of the way. There are a variety of questions that come to mind when you are seeking answers for your potential conviction, and we have the information to need to ease your stress. Check out our frequently asked questions to find out everything you can, or consult with our DUI defense lawyers for in-depth answers to your concerns.
Contact Us For Free Consultation
Contact Tobin Law Office by Phone, Email, or Text for a Free Consultation with Mr. Tobin
When you are facing DUI charges in Arizona, the best way to protect your rights is by having a trusted defense attorney on your side who is there with you every step of the way. Starting with a free and confidential consultation, we will sit down with you to discuss your charges, your situation, and your background to ensure that we have a thorough understanding of your case so that we can develop an effective strategy to protect your rights. To get started, you can reach us by phone, email, or text and schedule a free consultation with Arizona DUI Defense lawyer, Tim Tobin.
Tobin Law Office
3100 W Ray Rd #201
Chandler, AZ 85226
1910 S Stapley Dr #221
Mesa, AZ 85204
Email: tim@tobinlawoffice.com
Website: tobinlawoffice.com
