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.

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    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.

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    Fighting The DUI Charge, Impaired To The Slightest Degree:

    • Free & Confidential Criminal Defense Consultations

    • Personal Attention & Communication

    • Vast Experience & Former Prosecutor

    • Affordable Flat Rates & Payment Plans Available

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    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

    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

    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

    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

    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

    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

    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

    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:

    • Jail: 180 days

    • Probation: 5 years
    • Interlock Device: 6 to 12 Months

    • Counseling: Alcohol Screening And Classes

    • Community Service
    • MVD Points: 8 Points And Traffic Survival School
    • Insurance: Obtain SR-22 Insurance Policy for up to 3 years

    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).

    Arizona Motor Vehicle Division (ADOT) traffic ticket point system
    • 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).

    Arizona’s BAC Readings And Common DUI Charges
    Drugs Or Alcohol Based Slightlest Degree Charge According To Police

    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.

    What A Skilled DUI Lawyer Near You Can Do With Police DUI Testing Errors
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    Tobin Law Office Criminal Defense Tobin Law Office 1910 S Stapley Dr #221, Mesa, AZ 85204 480-447-4837

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    “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!!”

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    “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.”

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    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!!!!”

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    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
    • Attend court hearings on your behalf so you won’t have to take time from work or family

    • File a motion to return home or resume contact with the victim or family

    • Raise available defenses

    • File any constitutional motions

    • Negotiate with the prosecutor for a dismissal or reduction in charges

    • Negotiation for a dismissal of the domestic violence allegation

    Benefits Of A Top-Rated Arizona DUI
    Defense Attorney

    Tobin Law Office Provides These Benefits As A Qualified DUI Attorney

    There are many consequences that come with a DUI conviction, and it’s essential to your rights and your freedom that you have a top-rated Arizona DUI defense attorney on your side. Because of our expertise and skill defending clients who are in danger of having DUI charges levied against them, you will get first rate legal services that include your defense attorney attending court on your behalf, filing necessary motions, negotiations for dismissal, and more.

    Getting affordable legal aid for your DUI case in Arizona is your first step to ensuring that your rights are protected. At Tobin Law Office, we provide free and confidential case evaluations where we will discuss your circumstances, your background, and the charges you are facing. With our team on your side, your voice will be heard, and you will get the benefit of the most devoted team of DUI to the slightest degree attorneys in Arizona. Contact us to learn more!

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    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.

    Yes; however, it’s factually and circumstantially dependent on the individual DUI case. Plea bargaining and charge reduction are areas that an experienced Arizona DUI lawyer would discuss with the Defendant and Prosecutor. Whether it’s possible will depend on a number of factors that your criminal defense attorney can discuss with you. When the only charged DUI is impairment to the slightest degree or .08 DUI, it’s not uncommon to obtain a reckless driving plea agreement. Our affordable Arizona criminal defense attorneys can help.

    Alcohol impairment will be measured with a typical BAC test, but field sobriety tests may be used to determine impairment from other substances.
    A first time DUI offender may be subject to up to 6 months in jail (with certain requirements), a minimum fine of $250 that can reach up to $2500 in total fines and fees.
    Depending on the severity of your previous DUI offense, you may serve a minimum of 90 days in jail, and fines that may reach up to $2000. The MVD may also suspend your license for up to a year, and an ignition interlock device may be installed on your vehicle for at least 12 months. Community service may also be necessary.
    Refusal to partake in a breathalyzer or BAC test can result in a 1 year suspension of your driver’s license.
    No, you cannot be convicted of a DUI due to a non-impairing metabolite detected in the blood.
    Yes, you can still be convicted of a DUI in a non-moving vehicle with no evidence of driving or keys in the ignition.
    There are specific laws concerning operating other modes of transportation under the influence, and each comes with their own set of consequences. Contact our DUI attorneys to learn more!

    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 logo 3100 W Ray Rd #201 Chandler, AZ 85226

      Tobin Law Office
      3100 W Ray Rd #201
      Chandler, AZ 85226

      480-447-9877

      1910 S Stapley Dr #221
      Mesa, AZ 85204

      480-447-4837