Arizona DUI – BAC Not Required

Flagstaff, AZ – Too many people learn the hard way in Arizona. You go out to dinner. You enjoy a beer with dinner. You drive home. You get pulled over by Flagstaff Police or another Arizona law enforcement agency. You are told you didn’t fully stop at a stop sign.

“Have you had anything to drink tonight?”

“Yes, two beers at dinner a while ago.”

“Step out of the vehicle.”

You proceed to get peppered with questions about whether you drank, how much you drank, where you drank, etc. Then the next question comes:

“I’d like you to do a few tests for me so I can be sure you’re safe to drive home tonight. Would you do that for me?”

First of all, you are never required to perform Field Sobriety Tests, or FST’s, in Arizona. You have the right to decline to perform the tests. (That refusal can later be used “against” you at trial, but “failing” the tests is the worst thing you can do.)

Second of all, FST’s are difficult. You will definitely show at least some clues or “cues” that the officer can use to suggest you are impaired by alcohol. “You are under arrest for DUI.” Handcuffed and ashamed, you are dragged to the police station or jail. Even if the Intoxilyzer 8000 (breathalyzer machine) is broken, or even if the police do not draw your blood, you may still be charged, tried, and convicted of a DUI in Arizona.

Under Arizona law, the police do not need to obtain your blood alcohol concentration, or BAC, in order to charge you with a DUI.

In fact, a BAC is not required at all to prove a violation of Arizona Revised Statute section 28-1381(A)(1). This common misconception leads to problems. Many people believe, I’m under 0.08% so I am safe from a DUI. You should be informed when driving in Arizona.

Take positive steps to protect yourself from a DUI, which comes with statutory minimum punishments of at least a day in jail, alcohol screening and counseling, fines up to $2,500, sanctions on your drivers license, ignition interlock device, and more.

Know your rights. Know justice. Call your Arizona DUI Attorney at Griffen & Stevens Law Firm, PLLC.

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