DUI & Criminal Defense

111 East Taylor Street, Suite 120
Phoenix, Arizona 85004

Above Legal Limit DUI (Updated 2019)

OVER THE LEGAL LIMIT DUI

What is the Arizona DUI alcohol limit?

The second type of Arizona DUI is one that arises solely from the results of chemical test. In order to understand what a DUI based on these results you need to learn:

  • The definition of Per Se
  • Blood Alcohol concentration
  • Breath Alcohol concentration
Per Se DUI Arizona

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.

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:

 

(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.

Statutory Presumption

Here is how Arizona juries are instruted on the “Presumptions of Intoxication:”

Here is how Arizona juries are instruted on the “Presumptions of Intoxication:”

The amount of alcohol in a defendant’s [blood] [breath] [bodily substance] gives rise to the following presumptions:

1. 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.

2. 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.

3. 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).

Above Legal Limit DUI (Updated 2019)

Frequently Asked Questions

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.

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