Can You Be Charged with DUI in Arizona After Having Only One Drink

Posted by Raymond Kimble | Nov 19, 2017 | 0 Comments

As the holidays approach and plan are made to attend family gatherings or company parties, many people think about driving home after consuming alcohol.  Some people believe if they limit themselves to one drink over the course of an evening, they will protect themselves from being stopped and investigated or charged with DUI.

DUI Laws in Arizona:

When most people think about DUI charges in Arizona, the first thing which comes to mind is the legal alcohol concentration limit of .08.  This means that it is illegal for a person to drive with an alcohol concentration at or above .08 within two hours of driving.  A person's alcohol concentration is usually measured by a Breathalyzer instrument or by blood test.  

People should be aware that they may be subject to arrest and prosecution for DUI regardless of their alcohol concentration.  A.R.S. 28-1382A1 provides: 

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. 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 to the slightest degree.

Essentially what this means is that if your driving ability is lessened to any degree because of an alcohol beverage, you can be cited for DUI.  

Evidence in "Slightest Degree DUI Cases"

If you are arrested and prosecuted for DUI in Arizona and the prosecutor alleges you were "impaired to the slightest degree," there are a number of factors the state will point to while trying to obtain a conviction.  These include:

1. Driving Behavior:  Police and prosecutors will often allege that you were driving erratically.  This can include speeding, failing to stop for a stop sign, weaving outside of your own lane of traffic, etc.

2. Physical Signs and Symptoms: Many people arrested for DUI exhibit signs and symptoms associated with alcohol consumption.  This can include blood shot or watery eyes, a flushed face, the odor of an intoxicating beverage, slurred speech or poor balance.

3. Performance of Field Sobriety Tests:  Police employ a variety of tests designed to divide a persons attention between physical and mental tasks during DUI investigations.  These can include the Walk and Turn Test, One Leg Stand Test, Finger to Nose Test, etc.  The prosecutor will point to errors on the various tests as evidence you were impaired.

4. Post Arrest Interview:  Following an arrest for DUI, police will often advise you of your Miranda Rights and as you a series of questions designed to illustrate that you are impaired to drive a car.  These questions range from knowing the correct day of the week and time to rating your alcohol impairment on a scale of "1 to 10." 

As you can see, an arrest, prosecution and conviction for DUI can occur regardless of your alcohol concentration.  Consequently, even if you've consumed only one or two drinks over the course of an evening, you are well advised to refrain from driving.  

CALL (480) 833-8613 TO GET HELP NOW

If you, a family member or friend has been arrested for a misdemeanor DUI or felony Aggravated DUI offense in Arizona, it is important that you immediately begin working with a qualified DUI attorney who can effectively represent you in the court of law and take necessary steps to protect your driver's license. Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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