The Meaning of 0.08 in Arizona DUI Law

Drunk driving is a serious problem in the United States and around the world. Driving under the influence of drugs and alcohol contributes to the death of a person nearly every fifty minutes. The punishment for DUI offenses are strict in the United States as well, and Glendale, Arizona especially does not mess around with or tolerate the consequences.

What does .08 mean?

Glendale enforces Driving Under Influence laws that prohibit a driver from operating a vehicle when they have a concentration of .08 percent or more alcohol in their blood system. A BAC (blood alcohol content) level of .08 or higher is the United States federal standard. A single shot of liquor, a twelve-ounce beer, or five ounces of red wine could bring you to the .08 level. Men, women, small people, and big people tend to have varying blood alcohol content levels when drinking the same amount.

Does the .08 BAC law vary for different places or reasons?

The .08 BAC law definitely differs from place to place and for different scenarios. In Glendale, there is a Zero Tolerance policy for underage drinking, meaning that citizens under twenty-one could be sentenced for a DUI in Glendale if they have anything under .08 percent BAC in their blood while driving. Commercial vehicle drivers face stricter BAC limits and can be arrested for a DUI if their BAC is over .04 percent. Some states have a strict lack of tolerance for drunk drivers and can convict someone of a DUI if their BAC level is as low as .05 percent. Such states often have serious drunk driving problems and have implemented the low tolerance policy as a response to such problems.

What do the punishments for DUI offenses look like in Glendale?

Glendale DUI punishments are strict to say the least. A first time offender faces a minimum of one day up to ten days in jail, a $250 base fine, and a 90-360 day driver’s license suspension. A second time offender faces a minimum of one month to three months in jail, a $500 base fine, and a full year drivers license suspension. A third time offender faces a minimum of four months in jail, a $750 base fine, and a full year or more drivers license suspension.

All DUI offenders receive an Ignition Interlock Device (IID) that is installed in their vehicle. IID’s serve as a breathalyzer that must be passed in order to turn on the vehicle. An offender is stuck with an IID for varying amounts of time, depending on the severity of the offense.

In Glendale, specific penalties and laws are in place for people who are “Extreme DUI Offenders”. An Extreme DUI refers to a person who was driving with a BAC of .15 percent or higher. Extreme DUI Offenders are typically convicted of criminal misdemeanors. A first-time Extreme DUI conviction is punishable by a $2400 fine and a one-year driver’s license suspension. Second time Extreme DUI Offenders face $1700 in accumulated fines and a one year driver’s license suspension. All Extreme DUI Offenders must install an IID in their vehicle.

All Glendale DUI or DWI laws apply to aircrafts and watercrafts as well.

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Is the .08 percent BAC level really that dangerous?

Yes, it is. If your blood alcohol content is at .05 percent, you are likely to experience symptoms such as exaggerated behavior, some loss of weak muscle control, impaired judgment, euphoric feelings, impaired alertness, poor coordination, an inability to track movement, difficulty steering, a slow response to emergency driving situations, and a release of inhibition. If you’re at the legal limit of .08 percent BAC, you are going to experience very poor muscle coordination, an inability to detect danger, poor concentration, short-term memory loss, poor speed control, reduced ability to process signal detection, reduced ability to visually search, and impaired perception. Your judgement, reasoning, self control, and memory are even more impaired.

Does blood alcohol content vary based on different variables?

Yes. The amount of drinks or shots one would have to consume to get to the .08 percent BAC legal limit varies on your weight, sex, food consumption while drinking, and the time that has passed between drinks. Other factors that determine a person’s BAC level include age, metabolism, alcohol tolerance, and use of prescription drugs. You can also drink the same exact amount of alcohol for two days, and your BAC level could be completely different between the two days. These numerous conflicting factors could make measuring the .08 percent BAC limit difficult if not impossible.

Should I refuse to take a breathalyzer test?

Some drivers believe that the best way to avoid a DUI arrest is by refusing to submit to a breathalyzer test. How can the police arrest someone for DUI if they can’t measure their BAC? But more often than not, this plan completely backfires. The police can still use chemical testing, i.e., blood or urine testing, to determine if a driver is under the influence. And, Arizona follows implied consent laws, which is a legal theory that all drivers have implicitly agreed to prove their sobriety when asked when operating a motor vehicle in the state. A driver who refuses a breathalyzer test will receive notice of an administrative hearing regarding the refusal 14 days after their arrest. Without a valid defense, they will lose their driver’s license for one year, which is generally longer than the suspension periods for DUI convictions. After all of this, the driver can still be arrested for DUI anyway. 

What’s the best way to determine if I can drive after drinking?

The safest way to determine if you can drive after drinking is to simply not drive. A single drink for someone of a certain weight or sex could put them over the legal limit to drive, even if it feels like they are completely able to operate a vehicle.

There are many ways to avoid driving after a night of drinking. There are tons of ride services out there, such as Lyft, Uber, and taxi companies. Some cities and towns offer free charity ride services for intoxicated people to prevent drunk driving.

I need help. Who can I call?

Has your life been negatively affected by a drunk driving incident? Have you made the mistake of drinking and driving and now face serious DUI charges? Do you need a strong DUI attorney in Glendale and DUI defense team to help you? The attorneys at My AZ Lawyers have extensive experience and specialized training in various practice areas that include custody and family law, criminal defense, divorce, bankruptcy chapters 7, 11, and 13, as well as DUI and DWI defense. If you want a DUI attorney and an aggressive DUI defense that doesn’t just scrape by with basic legal education, My AZ Lawyers in Glendale can offer you the right lawyers with specialized experience and knowledge for your individual case. Call today!

Frequently Asked Questions

Are there special penalties if my BAC is at a certain threshold, such as double the legal limit? 

When a driver hits a BAC of 0.15, this will be charged as an Extreme DUI. If their BAC reaches 0.20 or higher, this is charged as a Super Extreme DUI. Both of these charges come with stricter penalties than a regular DUI conviction. However, both Extreme and Super Extreme DUI are still misdemeanor offenses. So while the driver will face more jail time, higher fines, etc., it will all still be at the misdemeanor level. Arizona does require that when a driver is arrested for DUI at the Extreme or Super Extreme level, their vehicle be impounded for 30 days. This isn’t just a huge inconvenience. Impound fees and administrative fees, paid upon picking up the car, will make DUI even more expensive than it already is for the defendant. 

At what BAC will I be charged with felony DUI?

In Arizona, a high BAC won’t lead to a driver being charged with felony, or aggravated, DUI. Only the presence of aggravating factors causes this to occur. The aggravating factors leading to felony DUI in Arizona are having a child passenger, receiving 3 DUI’s in a 7-year period, receiving a DUI with a suspended or restricted driver’s license or current IID orders in place, or driving the wrong way down a highway. 

What is the difference between a presumption of intoxication and an officer’s discretion?

In Arizona, a driver is presumed to be intoxicated when their BAC reaches 0.08. This means that by law, the driver should be placed under arrest for driving under the influence. The police officer should do so, even if, based on their observations, the driver does not appear to be intoxicated. Arizona allows a police officer to use their discretion to determine if a driver should be taken into custody for DUI if their BAC is 0.05 to 0.07. 

Can field sobriety tests measure BAC?

Field sobriety tests can’t provide an accurate measure of BAC, but can give a police officer an idea if they should be measuring a driver’s BAC. The police may ask to conduct these tests before administering a breathalyzer test, which can better depict a driver’s BAC level. Some of the most commonly used field sobriety tests are standing on one foot, walking in a straight line, and an officer following the driver’s eyes with a light, otherwise known as the horizontal gaze nystagmus. 

When does the lower legal limit apply for CDL holders?

There is a stricter legal limit for CDL holders in Arizona, or those with commercial driver’s licenses. This lower limit of 0.04 only applies when the CDL holder is operating a commercial vehicle. The regular legal limit of 0.08 applies when they are operating any other type of motor vehicle. CDL drivers should be especially careful about driving under the influence. A first DUI conviction will already be devastating to their career, as it results in a one-year CDL suspension. A second DUI conviction will permanently end a CDL holder’s career. This will result in a permanent revocation of their CDL.