What Measurements Does Arizona Use to Determine a DUI/DWI?

Like all other states, Arizona uses blood alcohol content measurements to determine a DUI/DWI. Arizona enforces a zero-tolerance policy, so you may be determined to be an impaired driver and arrested with less than the standard BAC of 0.08 percent.

Tests administered to determine your BAC may include field sobriety tests like walking in a straight line or a one-leg stand test, an HGN test, or breathalyzer and blood sample testing.

DUI vs DWI

Although some stats have different charges for DUI and DWI, Arizona has one overarching standard that can be found in ARS 28-1381. For the purposes of Arizona law, “Driving or actual physical control while under the influence” is generally denoted with the acronym DUI.

You can be convicted of a DUI while under the influence of marijuana or prescription drugs. DUIs can be charged as long as you are in the vicinity of a vehicle, like a boat (ARS 5-395) or motorcycle, or if you are sleeping inside of your car while intoxicated.

DWI stands for “driving while intoxicated” and may specifically refer to alcohol intoxication in some states with separate classifications for driving while high or driving while drunk.

How BAC Measurements Affect DUI Cases in Arizona

A blood alcohol content level of more than 0.8 percent may result in a DUI charge. If you are a commercial vehicle driver, the BAC percentage for arrest may be as low as 0.04 percent. If you are under the age of 21, operating a motorized vehicle with any amount of alcohol in your system will result in an arrest and possible conviction.

For individuals over 21, there are different levels of DUI charges depending on how much alcohol is found in your system. These can be measured through a breathalyzer or blood sample testing.

There is a diverse array of other factors that may influence the degree of DUI charges, like:

• Having a minor in the vehicle
• Having a particularly high BAC
• Getting into an accident and injuring or killing someone while intoxicated
• Having multiple DUI convictions in a specific period of time 

DUI

Any BAC up to 0.08 percent may result in a DUI charge. Showing any signs of impairment while driving is grounds for arrest with a possible DUI charge. Signs of impairment can include:

• Swerving
• Bloodshot eyes
• Slurred speech
• Failed field tests 
• Not obeying traffic rules

DUI charges that account for higher blood alcohol content levels is broken into two categories:

extreme and super extreme.

• Extreme DUI – A BAC of 0.15 to 0.199 may result in an extreme DUI charge.
• Super Extreme DUI – A BAC of 0.20 and higher is classified as a super extreme DUI.

DUI For Marijuana and Prescription Drugs

In Arizona, DUI charges can be brought for marijuana influence and prescription drug influence claims. For these types of cases any amount of marijuana found in the system or prescription drugs (with or without a valid prescription) can result in a DUI charge. For these charges to hold, the driver must be deemed to have been impaired to at least a slight degree.

Prosecuting marijuana DUI cases can be difficult for a variety of reasons. Most testing methods for marijuana detect the presence of carboxy-THC weeks or up to a month after use – far after when the effects of the drug will have entirely worn off. This can potentially result in inappropriate prosecutions. If you’ve been charged with a marijuana DUI when you were not at all intoxicated, it may be in your best interest to speak with an attorney about your defense options.

Signs of impairment while under the influence of marijuana or prescription drugs may include:

• Slowed reaction times
• Lack of focus
• The prominent smell of marijuana in the vehicle
• Reduced coordination

Currently, there is not enough medical evidence to prove what amount of marijuana in the system constitutes impairment. Although both medical and recreational marijuana is now legal in Arizona, it is vital that users do not operate vehicles while high. Doing so can open you up to a DUI charge.  

Some court rulings have issued where the arrested person escaped DUI charges due to the gray area of how much marijuana causes impairment. Lawfully, possession of marijuana while driving isn't enough evidence for arrest or conviction. In order to prevent conviction, the defendant must be able to prove they were not impaired even if it was still in their system.

Consult With a Phoenix DUI Lawyer

There’s a significant difference between being arrested for a DUI and being convicted. Michael Alarid III is one of only five lawyers in Arizona who has been board certified through the National College for DUI Defense (NCDD). He has a proven record of defending clients in various types of DUI cases and may be able to help you as well. Request a consultation by calling us at 602.818.3110 today.