Drivers with a BAC of 0.08

Driving under the influence (DUI) is a serious legal offense nationwide, including in Arizona. In the U.S., a blood alcohol concentration (BAC) of 0.08% is the legal limit for drivers aged 21 and older. Being charged with a DUI (driving under the influence) in Arizona can lead to severe penalties and long-term consequences. Whether you’ve recently been pulled over for a suspected DUI or want to learn more about how BAC limits are enforced in Phoenix, this guide will break down the essentials. At the Law Offices of John Phebus, we offer skilled defense services in this field, providing clients with the legal support they need during this challenging time.

Driving at or Over 0.08 BAC (Blood Alcohol Concentration)

A BAC of 0.08% is the threshold at which drivers are legally considered impaired in Arizona. It measures the amount of alcohol in your bloodstream and is expressed as a percentage. If your concentration is 0.08, it means there are 0.08 grams of alcohol in every 100 milliliters of your blood. In many cases, this level of alcohol impairment may result in difficulty concentrating, slower reaction times, and impaired judgment, all of which increase the likelihood of accidents on the road.

Arizona, like most states, strictly enforces this limit. If you’re found to be driving with a BAC at or above this level, law enforcement has the right to arrest you for DUI. Cleveland Clinic states that even a BAC under 0.08 can impair driving abilities, but 0.08 is where legal action is typically taken.

What Does It Mean to Drive at or Over 0.08 BAC?

A BAC of 0.08% is considered the legal cutoff for impairment because, at this level, your ability to operate a vehicle safely is significantly compromised. While everyone’s tolerance to alcohol varies, driving at or over 0.08 means you may experience reduced coordination, compromised decision-making, and slower reaction times, which make driving more dangerous. Arizona law takes this seriously and imposes severe penalties for violations.

What is the Relevant Section Under the Criminal Code?

Arizona’s DUI laws fall under ARS 28-1381, which outlines various types of driving offenses related to alcohol and drug impairment. Specifically, ARS 28-1381(A)(2) focuses on drivers with a BAC of 0.08 or higher. This law makes it illegal for any individual to operate a vehicle if their concentration meets or exceeds the 0.08% threshold. Furthermore, Arizona also has an Implied Consent Law that requires drivers to submit to breath, blood, or urine tests if suspected of DUI. Refusing these tests could result in automatic license suspension.

You can visit the U.S. Department of Transportation’s page for more detailed information on impaired driving laws.

What Are the Penalties for Driving at or Over 0.08?

If you’re caught driving with a BAC of 0.08 or higher in Phoenix, the consequences can be harsh and may depend on whether it’s your first offense or a repeated violation. First-time offenders could face fines, mandatory DUI education classes, license suspension, and even jail time. Repeat offenders will likely see increased repercussions, such as longer jail terms, steeper fines, and mandatory installation of an ignition interlock device (IID).

For a first offense, the disciplinary actions may include:

• Jail time ranges from 10 days (with the possibility of reduced jail time after attending alcohol treatment programs)
• Fines and court fees totaling over $1,500
• License suspension for up to 90 days

For repeated offenses, punishments can include:

• Longer mandatory jail time (up to 90 days for a second offense)
• Installation of an IID for at least one year
• Fines that may exceed $3,000

Arizona also imposes aggravated DUI charges for particularly severe cases, such as those involving very high BAC levels (above 0.15%), driving with a minor in the vehicle, or DUI while on a suspended license. Aggravated DUI charges are classified as felonies and carry more significant legal consequences.

How Does Driving at 0.08 Affect My Driving Record?

A DUI conviction for driving with a BAC of 0.08 or higher will have a substantial impact on your driving record. In Arizona, this charge remains on your driving record for at least seven years, affecting your insurance premiums, driving privileges, and potential job opportunities. Insurance companies often view these convictions as high-risk behavior, which can lead to increased insurance rates.

In many cases, the Arizona Department of Transportation (ADOT) may also assign points to your driving record for this type of offense. These points can accumulate over time, potentially leading to longer license suspensions or revocation.

How Many Drinks Is 0.08?

There is no exact number of drinks that guarantees a BAC of 0.08 because alcohol affects individuals differently based on various factors. However, as a general guideline, most men may reach a BAC of 0.08 after consuming around four standard drinks within two hours, while most women may reach this level after about three. A standard drink in the U.S. is typically considered:

• 12 ounces of beer
• 5 ounces of wine
• 1.5 ounces of distilled spirits

Keep in mind these estimates can vary based on factors like body weight, gender, and how quickly the alcohol is consumed. For a more in-depth look at how alcohol consumption impacts BAC, refer to Healthline’s BAC chart.

How is BAC Dependent on Body Weight?

Body weight plays a significant role in determining how alcohol affects your BAC. Typically, individuals with lower body weight will experience a higher BAC after consuming the same amount of alcohol as someone with more body mass. On the other hand, people with less body weight have less water to dilute the alcohol.

For instance, a person weighing 120 pounds may reach a BAC of 0.08 after just two or three drinks, while someone weighing 180 pounds might need three or four drinks to get the same level. 

What Defenses Could My 0.08 BAC Lawyer Use?

A skilled DUI lawyer can help you explore several possible defenses if you’ve been charged with driving at or over a 0.08 BAC. Some common defenses include:

• Challenging the breathalyzer’s or blood test accuracy: Faulty equipment or improper testing procedures can lead to inaccurate BAC results. Your Glendale DUI Attorney may question whether the testing device was calibrated correctly or if there were errors in how your sample was handled.
• Arguing illegal traffic stops: If the police did not have a valid reason for pulling you over, any evidence collected during the stop might be inadmissible in court.
• Proving rising BAC levels: In some cases, alcohol may not have fully absorbed into your bloodstream when you were pulled over, meaning your BAC could have increased after the stop. This defense can challenge whether your BAC was at or above 0.08 while driving.

Contact Us

A qualified Glendale DUI Lawyer can significantly increase your chances of reducing or dismissing DUI charges. The complexities of Arizona DUI laws require legal expertise, which the Law Offices of John Phebus are ready to provide. If you or a loved one has been charged with driving with a BAC of 0.08 or higher in Phoenix, seek legal counsel immediately. Our team specializes in DUI defense and is dedicated to protecting your rights. Contact us today for a free consultation to discuss your case and explore every possible defense strategy.

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