Arizona Dui Laws – You Don’t Have To Be Drunk To Get A Dui!

Did you know in the state of Arizona, you could be charged with a DUI, even if your blood alcohol content (BAC) is below 0.08? The 0.08 is only one of a number of measurable standards that can be used to justify charging someone with a DUI.  If you are stopped, and tested for a DUI, and your BAC is not 0.08 or greater, you can still be charged with a DUI– In Arizona it’s called being “Impaired to the Slightest Degree”.

You can actually be charged if you are stopped for a minor traffic violation. Say you are stopped, and during questioning, or  for some other reason, the police officer learns you have been drinking or even taking medication, prescribed legally by a physician. You can still be charged with a DUI–a serious offense in Arizona. Many do not realize that they can be stopped or charged with a DUI, even if they have not had a drink, but may simply be on a prescription medication, or had just one drink or a combination of both, that causes an impairment in their ability to drive…even if it is a minimal impairment.

To add insult to injury, you should also know that if your BAC is 0.08 or greater, (which in and of itself justifies getting a DUI), you will actually be charged with two counts or two DUI charges in one DUI stop: 1) Impaired to the Slightest Degree and 2) BAC 0.08 or greater, which is above the legal limit.

It can easily happen to anyone, anytime, anywhere. Don’t allow the old adages, such as “I can handle my liquor” or “I won’t get a DUI, I just had one drink”, to give you a false sense of security, at least not in Arizona anyway.

Safe rules of thumb: 1) Be sure you know the laws of your state regarding DUI. 2) If you have taken medication that can cloud your judgment, cause drowsiness, or there is a warning on the label of the bottle don’t chance it behind the wheel, even if you have only had only one or a few drinks. 3) If you have to ask yourself “Am I OK to drive?” Then you probably are better off taking a taxi ride or calling a friend or family member to drive you home.  The cab fare or gas money for a friend is a lot less expensive, much safer for you, your passengers, or others on the road, and a lot less life altering than getting a DUI or getting in an auto accident. Don’t gamble with your future. Be smart…Give up the car keys.

For more information and to view DUI educational videos visit

Arizona DUI & Criminal Defense Attorney. Owner of Law Office of James E. Novak. I practice Criminal Defense, with 80% of my cases being DUI. I am a Former Criminal & DUI Prosecutor in Maricopa County. Over 10 yrs experience. Article from

Contact Us Today