In Arizona, it’s illegal to drive under the influence of any drugs or alcohol, or to be “in actual physical control” of a vehicle while under the influence. So, if you are sitting in the driver’s seat with the keys to the ignition in your hand, pocket, or on the passenger seat next to you, you could still be arrested for DUI even though you weren’t driving.
When you receive your Arizona driver’s license, you consent to a blood alcohol concentration or drug content (BADC) test if you are arrested for DUI. These tests look for the presence of drugs or alcohol in a driver’s bloodstream and they are effective under the Implied Consent Law. If you refuse to take a chemical test, your license will be automatically suspended for 12 months, or 24 months if it’s your second refusal.
About Blood Alcohol Concentration (BAC)
Suppose you are pulled over because a police officer suspects you are driving under the influence. If a blood or breath test shows that your blood alcohol concentration (BAC) is .08% or above, you will be arrested for DUI and you’ll lose your driving privilege right then and there. Additionally, you won’t be able to obtain a restricted driving permit or reinstate your driving privileges unless you undergo a drug or alcohol screening first.
What if your BAC is less than .08%, the legal limit? Can you still be arrested for DUI in Phoenix? Yes, it is possible. In Arizona and throughout the nation, it’s illegal for people to drive under the influence of drugs or alcohol. A driver can be convicted of DUI regardless of BAC if the state can prove that his or her ability to drive safely was compromised by the presence of alcohol in their system.
People handle alcohol differently, so BAC is not always the most accurate measurement. Women for example, are affected by alcohol more than men. Also, smaller people with little body fat can feel the effects of alcohol sooner than larger individuals. People with a low tolerance to alcohol and those who mix alcohol with medication can find their ability to drive significantly impaired, even if their BAC is under .08%.
Facing DUI charges in Phoenix? Contact our firm to schedule a free DUI defense consultation with Attorney Davidson, who is a former prosecutor!
