Impaired to the slightest degree

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What does it mean to be Impaired to the Slightest Degree?

In Arizona you do not have to have a Blood or Breath Alcohol Concentration (“BAC”) above the “legal limit” (0.08%) to be charged with a DUI. A law enforcement officer can also charge an individual with an “Impaired to the Slightest Degree” DUI without any blood or breath evidence under A.R.S. § 28-1381(A)(1).   In an “impairment” or “(A)(1)” case, the State will attempt to prove impairment through driving behavior, interaction with the law enforcement officer, and your performance on any administered Standardized Field Sobriety Tests or “SFSTs.”

A DUI for being “Impaired to the Slightest Degree” is a Class 1 misdemeanor. If you are found guilty, your penalties will include:

In addition to these court-ordered penalties, your driver’s license may be suspended for 90 days, you may be required to attend Traffic Survival School, and you may be required to have an Ignition Interlock Device installed in your vehicle for a period of one year – though on an “Impaired to the Slightest Degree” DUI, the period required for an Ignition Interlock Device can be reduced to 6 months.

Gallagher & Kennedy Can Help With Your Impaired to the Slightest Degree Charge

Our Arizona DUI attorneys have extensive experience defending clients facing these and other DUI offenses. If you have been charged with an “Impaired to the Slightest Degree” DUI, you owe it to yourself to consider consulting with an experienced Arizona DUI lawyer as soon as possible to learn how proper representation can be beneficial in the outcome of your case. Our DUI defense lawyers will prepare your case for court by scrutinizing all evidence brought against you for errors or inconsistencies and help protect your rights.

Contact Us

If you have been charged with a DUI in Arizona, you may be facing severe penalties if convicted. To discuss your legal options with an experienced Arizona DUI Lawyer, contact the attorneys of Gallagher & Kennedy, by calling (602) 510-9999 today.

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