What is the Legal Blood Alcohol Level in Phoenix?

What Is Blood Alcohol Content?

Blood alcohol content is the gold standard for legal and medical applications in the United States. A BAC of 1.0% implies one gram of alcohol in every 100 milliliters of your blood. Personal injury lawyers in Arizona explain that factors that affect a person’s BAC include:

• Alcoholic beverages consumed and the amount
• Body weight
• Whether male or female
• Drugs or medications consumed before or after taking alcoholic beverages
• Amount of food taken

The legal BAC limit in Arizona is 0.08%. However, the limit is lower for commercial vehicle drivers, which is 0.04%. Arizona’s laws about drunk driving are strict, with harsh penalties upon a DUI conviction.

Can Police Arrest a Driver with a Legal BAC?

Arizona is a zero-tolerance state, meaning a police officer can arrest a drunk driver even with a BAC of less than 0.08% if they believe the driver is impaired. Being in actual control of a vehicle while impaired is a crime, and it makes no difference even if the BAC is low. The rule mainly applies to people with low alcohol tolerance.

Police officers may suspect a driver to be under the influence, even with a legal BAC, if their driving entails:

• Disobeying traffic rules and signals
• Swerving
• Having bloodshot eyes
• Failing DUI sobriety tests
• Slurred speech

However, police officers may presume that the driver was not under the influence of intoxicating liquor if their BAC was 0.05% or lower. If you were injuried in a accident because of a drunk driver, consult skilled Phoenix drunk driving accident lawyers to help you pursue compensation.

How Do the Police Test BAC Levels in Phoenix?

Law enforcers in Arizona use two methods to determine blood alcohol content levels:

• Breathalyzer: The approach is quick and used at police checks to detect a drunk driver. However, the devices often have a high margin of error and are not accepted in legal proceedings.
• Blood sample test: The tests are more labor intensive and require laboratory testing, but the results are more accurate

If a drunk driver gets arrested and receives criminal charges, you can still hold them liable for your damages in a civil court. Experienced drunk driving accident attorneys in Phoenix can use blood alcohol tests to prove the driver’s negligence and liability. They can also collect more facts to make your case stronger.

How Does Arizona Classify DUI Offenses?

Depending on a driver’s BAC level and the circumstances of the accident, a driver arrested for driving under the influence might be charged with one of the following categories of DUI in Arizona with the following penalties:

Standard DUI

A standard DUI offense entails a BAC level of 0.08% or more but less than 0.15%. The penalties depend on whether it’s a first-time offense and the case circumstances and are as follows:

• Ten days in jail
• Fines of about $1,500 plus $80 monitoring fee and jail costs
• Suspension of the driver’s license
• Requirement for ignition interlock device (IID) installation for 12 months

The penalties for a second standard DUI offense are more severe, and they include:

• Jail time of 90 days
• Fines of about $3,500, jail costs, and $80 monitoring fee
• Mandatory screening and counseling
• Suspension of the driver’s license for one year
• 30 hours of community service
• Ignition interlock installation for 12 months

Extreme DUI

Extreme DUI charges involve a BAC of 0.15% or higher but less than 0.20%.

A first-time extreme DUI offense attracts the following penalties:

• 30 days in jail or home detention after two days if eligible
• $2,780 in fines, $80 monitoring fee, and jail or home detention fees
• Mandatory screening and counseling
• Suspension of driver’s license for 90 days
• Installation of an IID for 12 months

A second extreme DUI offense has the following penalties:

• Jail time of 120 days or home detention after 24 days if eligible
• $3,740 in fines, $80 monitoring fee, and jail or home detention costs
• Mandatory counseling and screening
• One-year revocation of the driver’s license
• 30 hours of community service
• Installation of an IID for one year

Super Extreme DUI

Super extreme DUI is having a BAC of 0.20% or higher. The penalties are:

• 45 days in jail or home detention after three days if eligible
• $3,240 in fines in addition to home or jail detention fees and $80 monitoring fee
• Ignition interlock device for 18 months
• Driver’s license suspension for 90 days

A second offense attracts the following penalties:

• 180 days in jail or home detention after 36 days if eligible
• $4,650 in fines, jail or home detention fees, and $80 monitoring fee
• Mandatory screening and counseling
• Revocation of driver’s license for one year
• IID installation for two years
• Community service for 30 months

Aggravated DUI

Aggravated DUI is a felony. Arizona recognizes four different aggravators that escalate a driver’s misdemeanor DUI charges into a felony:

• Committing a DUI while the driver’s license is revoked, canceled, or suspended
• A third or subsequent DUI within 84 months
• A DUI while legally required to have an ignition interlock device installed
• Committing a DUI while having a child 15 or younger in the car

Your drunk driving accident attorneys in Phoenix will investigate the case specifics, determine the class of the DUI offense, and help you fight for the maximum compensation available under each classification.

A Skilled Personal Injury Attorney Helping You Prove a Driver’s Liability in a DUI Case

Arizona laws frown upon drivers who drive under the influence. Getting involved in and being injured in an accident due to a drunk driver’s negligence can be devastating.

Skilled personal injury attorneys in Phoenix can help you collect evidence of the at-fault driver’s drunk driving. With this information, they can help you pursue the compensation you deserve.

Drunk-driving accident attorneys at the Desert Star Law Group have helped DUI victims recover compensation for their injuries. If you or your loved one were injured in a DUI case, we want you to focus on healing and recovery as we pursue the maximum compensation you deserve. Call us at (602) 584-8957 for a FREE consultation.