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Above Legal Limit DUI

Above Legal Limit DUI in Phoenix, Az

Per Se DUI and Chemical Test Results

Arizona has a DUI law that arises solely from the results of chemical test. This kind of crime is called a per se DUI. It alleges that you were driving with an alcohol concentration above a legal limit. A “per se” statutes that make something in and of itself a criminal offense. For example, in Arizona DUI cases it is illegal to have an alcohol concentration of .08 or greater – regardless of whether you are impaired by that level of alcohol.

What Is the Phoenix, Arizona DUI Alcohol Limit?

Limit of what?  Arizona law specifically defines an alcohol concentration (a.k.a. “BAC”) It also makes distinction between how it is defined in blood and breath. Arizona law provides that an “alcohol concentration” if expressed as a percentage means either:

Arizona Law Provides That an “Alcohol Concentration” if Expressed as a Percentage Means Either:

(a) The number of grams of alcohol per one hundred milliliters of blood.

(b) The number of grams of alcohol per two hundred ten liters of breath.

Impairment Not Required

A per se violation solely concerns the results of a chemical tests. It does not address the effects of alcohol or drugs on the body. Here is how Arizona juries are instructed on the “Presumptions of Intoxication:”

  • If there was at that time 0.05 percent or less by concentration of alcohol in the defendant’s [blood] [breath] [bodily substance], it may be presumed that the defendant was not under the influence of intoxicating liquor.
  • If there was at that time an excess of 0.05 percent but less than 0.08 percent by concentration of alcohol in the defendant’s [blood] [breath] [bodily substance], such fact does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor.
  • If there was at that time 0.08 percent or more by concentration of alcohol in the defendant’s [blood] [breath] [bodily substance], it may be presumed that the defendant was under the influence of intoxicating liquor.

These are rebuttable presumptions. In other words, you are free to accept or reject these presumptions after considering all the facts and circumstances of the case. Even with these presumptions, the State has the burden of proving each and every element of the offense of driving under the influence beyond a reasonable doubt before you can find the defendant guilty. See A.R.S. § 28-1381(G) and (H).

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Above the Legal Limit DUI FAQs

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 602-560-7837 today!

  • What does it mean to have an alcohol concentration of .08 “Within two hours of driving”?

    The Arizona legislature has actually made it a crime to have an alcohol concentration above the legal limit after you have stopped driving.  Up to 2 hours after the time you stopped driving.

  • Does Arizona has a legal limit for drug DUI cases?
    There is no threshold amount of a drug that results in a violation of law.  It is the presence of any amount of the drug that violates Arizona law.
  • Is there a harsher penalty if you are convicted of being impaired and being over the legal limit?
    No.  The mandatory minimum penalties is the same whether convicted of one or both DUI charges.

Hiring an Experienced Above Legal Limit DUI/DWI Attorney in Phoenix, AZ

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.

An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.

You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.

An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

For more information, call our office at (602) 560-7837 or visit our contact page.

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Hear From the People We’ve Helped

Testimonials and Reviews

At The Koplow Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Great trial attorney."

    Lawrence is tenacious, relentless, and extremely passionate about his clients and their cases. He leaves no stone unturned in his investigations, and his cross examinations are grueling. His knowledge of the science of DUI's and the testing procedures is unsurpassed. Great trial attorney.

    - Jesse S.
    "Unquestionably one of the top DUI/ criminal defense attorneys in Arizona."
    As a practicing attorney in DUI and criminal defense, and as a former prosecutor who went against Lawrence on several cases, I can attest that the State knows they will have their hands full when Lawrence is on the case.
    - Ryan M.
    "You cannot go wrong with Lawrence."

    Great attorney! Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.

    - Charity C.
    "No other lawyer knows the science of DUI like Lawrence does."
    Lawrence is the best lawyer I have ever met. If your career is on the line then he is the guy. No other lawyer knows the science of DUI like Lawrence does. I will be forever grateful!
    - Greg S.
    "It was miracle!"

    It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond.

    - Joe C.
    "One of the best."
    Lawrence Koplow is one of the best DUI and vehicular defense attorneys in the state of Arizona. Anyone would be extremely fortunate to have him as their advocate.
    - Jack L.
    "You cannot go wrong with Lawrence."
    Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.
    - Charity C.
    "Nobody knows the court and laws better than him."
    Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors' worse nightmare, and it should be that way if you need an attorney.
    - David E.

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