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Being charged with a DUI can be devastating and have long-lasting consequences both personally and professionally. The severity of these crimes and their resulting penalties are entirely dependent on the surrounding circumstances and details that occur when you are stopped by law enforcement. Knowing how those details determine what you can be charged with is not only wise, but it can also go a long way in preparing your legal strategy and limiting potential penalties.

The state of Arizona has classified driving under the influence charges into four broad categories. Generally speaking, a standard DUI occurs when a person’s blood alcohol content (BAC) is measured to be 0.08 percent or higher (0.04 percent or higher for commercial drivers). An Extreme DUI occurs when the BAC level reaches between 0.15 and 0.19 percent, and a Super Extreme is charged when that level becomes 0.20 percent or more. Any of these types of DUIs may be elevated to an Aggravated DUI if there are certain “aggravating circumstances,” such as driving under the influence with a child in your vehicle or while on a revoked or suspended driver’s license.

But there is a fifth class of DUI that can be charged when a driver of a vehicle is “impaired to the slightest degree.” This type of DUI often catches offenders by tempe, which is all the more reason to be aware, so you are not caught off guard. Below are answers to some of the most commonly asked questions by those charged with driving while impaired to the slightest degree.

What Does Driving While “Impaired To The Slightest Degree” Mean?

Arizona is a zero-tolerance state, meaning anyone can be charged with a DUI if they drive while impaired. Simply put, if you are caught driving under the influence, a police officer can arrest you for DUI regardless of your BAC level. Arizona Revised Statute ARS 1381.A1 states:

“It is unlawful for a person to drive or be in actual physical control of a vehicle in this state…while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired.”

Determining whether or not you are impaired is most often left up to the arresting officer or anyone who may have witnessed impaired actions or behaviors. Those observations might include things like:

• Delayed motor skills
• The odor (or the perceived smell) of alcohol
• Performance on a field sobriety test
• Slurred speech
• The demeanor of a driver
• Bloodshot or watery eyes
• Poor driving

Remember, the BAC level only accounts for the level of alcohol in your bloodstream. Other drugs in your system may be more difficult to measure, but that does not mean that your driving was not compromised. Law enforcement officers can use a variety of roadside tests to determine impairment or sobriety.

Other circumstances under which a person may be charged with a Slightest Degree DUI include driving while you are battling an illness, extremely tired, or merely appearing buzzed or tipsy. This also includes any impairment that may have occurred due to legal prescription drugs or medicine. A prosecuting attorney only needs to prove, beyond a reasonable doubt, that a driver was impaired for any reason while under the influence.

There are also cases where it is assumed that the driver was not intoxicated because a BAC level was between .05 and .08 percent. Having a BAC below the legal limit does not necessarily prevent someone from being charged with driving under the influence. The court can weigh any evidence that may suggest that the driver was still impaired (to the “slightest degree”).

What Are The Penalties For Being Convicted Of A Slightest Degree DUI In Arizona?

The state of Arizona takes DUIs of any type seriously, and the penalties can vary quite a bit. It’s important to note that almost all consequences for a Slightest Degree DUI involve some jail time, fines, counseling, a 90-day suspension of your driver’s license, and the required use of an ignition interlock device. However, every situation is different, and sometimes a previously clean driving record and reputation can impact sentencing. Reversely, consequences may also increase based on your personal history.

Listed here are the mandatory minimum penalties for conviction of a Slightest Degree DUI in Arizona:

• Fines and fees, including jail costs, of approximately $2,000.
• Ten days in jail (Note: It may be possible for a criminal defense attorney to negotiate a suspended jail sentence for as little as one day. This usually occurs if you have proof of completing an acceptable drug and alcohol screening and classes.)
• Driver’s license suspension of 90 days, with no driving, allowed for the first 30 days and restricted driving for the remaining 60 days.
• Traffic Survival School and 8 points from the Arizona Department of Transportation Motor Vehicle Services (MVD).
• Drug and alcohol screening, counseling, and classes.
• Mandatory SR-22 Auto Insurance Policy for up to 3 years and the accompanying increased premiums.
• Ignition Interlock Device for six months, including rental fees and the cost of installation. All compliance requirements, including no positive alcohol readings and routine device maintenance, must be met to avoid an extension.

Depending on the circumstances, you could receive up to 180 days in jail and five years of probation. You may also be required to perform community service hours, and your ignition interlock device can be extended to 12 months or more.

Mandatory minimum penalties will increase if you have been convicted of any DUI offense in the past 84 months (7 years). If that is the case, penalties will include:

• Fines and fees, including jail costs, of approximately $5,000.
• Ninety days in jail with the possible reduction to 6 days in jail and home detention for 24 days.
• Driver’s License revocation for one year, with the possibility of applying for a restricted license after 45 days. A restricted driver’s permit allows you to drive to and from school or work or medical and court-related appointments if you have an ignition interlock device installed on your vehicle.
• Traffic Survival School
• Mandatory SR-22 Auto Insurance Policy for up to 3 years and the accompanying increased premiums.
• One year of ignition interlock following the 12 months of license revocation.
• 8 MVD Points
• Thirty hours of community service.

Defending An Arizona Slightest Degree DUI Charge

Law enforcement officers are trained to use their best judgment when determining if someone is driving impaired. This makes any observations they make somewhat subjective. Prosecutors will, in most cases, emphasize how Arizona is a zero-tolerance state. However, this can provide an opportunity for challenging whether or not impairment actually occurred. It is not uncommon for the jury to reach a not guilty verdict in a trial.

Slightest Degree DUIs can be defended by carefully examining the facts of the individual case and taking inventory of the defendants driving history. Factors such as how the investigation of the case was performed and what drug and alcohol testing methods were used should be thoroughly examined. Any shortcomings in a prosecutor’s case or errors in police testing can potentially be used also provide evidence that can result in a reduced charge, decreased sentencing, or even dismissal.