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The "Impaired to the Slightest Degree" Law in Arizona

In the state of Arizona, the law enforcement takes DUI offenses seriously. Sometimes, individuals can be charged with a DUI even if their BAC doesn't register above the legal limit of 0.08%. This is because in the Arizona penal code there is a clause saying that any person can be arrested for a DUI if it is apparent that they are "impaired to the slightest degree."

This means that if the individual is showing any signs of intoxication while driving, such as speeding or failing to maintain a lane, this may be enough to lead to an arrest. If the driver is unable to communicate, is swerving, or seems to be a threat to others out on the road for any reason, then he or she can be pulled over and arrested for a DUI.

Arizona created this law because alcohol affects different people in different ways. For example, a petite young woman may be intoxicated when her BAC is only at 0.05%. In most states, regardless of her drunken state, this woman would not be arrested if she was pulled over for drunk driving. Yet in the state of Arizona this constitutes being "impaired to the slightest degree" and she will need to go to court just like another individual who has a BAC of 0.08%.

At the federal level, the United States upholds the 0.08% BAC limit. This means that if you are arrested in Arizona for impaired driving, you may be able to fight your case. In order to do so, you will need a Phoenix DUI attorney on your side. At the Rosenstein Law Group, you can get an aggressive and hardworking lawyer to fight alongside you and prove that you don't deserve the punishments that you are facing. Contact the firm today if you want more information!

Categories: DUI Arrest, BAC
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