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Most people assume that as long as their blood alcohol content (BAC) is below 0.08%, they’re in the clear to drive. But in Arizona, that assumption can get you into trouble. Unlike many other states, Arizona allows DUI charges even when a driver’s BAC is under the legal limit, as long as there’s evidence of impairment. This means that you can still be arrested, charged, and convicted of DUI—even if your BAC is 0.07%, 0.06%, or lower.
Arizona’s DUI laws are intentionally strict and structured to reduce impaired driving at all levels. The law doesn’t just rely on a specific BAC threshold — it also considers the driver’s behavior, appearance, and ability to operate the vehicle safely. So while the 0.08% limit is the benchmark for a “per se” DUI, you can still face charges if you’re “impaired to the slightest degree.”
This article breaks down what it means to get a DUI below the legal limit in Arizona. You’ll learn how the law works, what kinds of evidence are used, and why even low-level alcohol consumption can result in serious consequences.
Arizona’s “Slightest Degree” DUI Standard
Arizona stands out nationally for its broad definition of impairment. Under Arizona Revised Statutes §28-1381(A)(1), it is unlawful for a person to drive or be in actual physical control of a vehicle while impaired to the slightest degree by alcohol, drugs, or any combination thereof.
This means law enforcement doesn’t need to prove a BAC of 0.08% or higher to file DUI charges. If you’re showing signs of impairment, you can be arrested and charged even with a BAC as low as 0.01% or 0.05%.
Some signs officers look for include:
- Weaving or erratic driving
- Slurred speech or red eyes
- The smell of alcohol
- Poor performance on field sobriety tests
- Delayed responses or confusion
The term “slightest degree” is not just legal jargon — it’s the actual threshold written into Arizona law. This gives officers wide discretion to arrest drivers they believe are under the influence, regardless of their BAC result. In essence, if alcohol is affecting your driving ability in any way, you can be charged with DUI, even below the standard 0.08% limit.
BAC Is Only One Piece of the Puzzle
While many people focus on BAC numbers, Arizona law treats BAC as just one of several factors in determining whether a driver is impaired. Here’s how it typically plays out:
- BAC of 0.08% or more: You’re presumed impaired and can be charged with DUI “per se.”
- BAC below 0.08%: You may still be charged if other evidence shows impairment.
- BAC not available: You can still be convicted based on officer observations and behavior alone.
Even if you blow a 0.05%, you could still be arrested if officers believe your driving was affected. This could include things like failing field sobriety tests or admitting to drinking and feeling “buzzed.”
Police reports often rely on more than just the breathalyzer. Dashcam footage, bodycam recordings, witness statements, and the officer’s testimony all contribute to the decision to charge a driver with DUI under the “slightest degree” rule.
Legal Consequences for a DUI Below the Legal Limit
The penalties for being convicted of DUI with a BAC below 0.08% can still be serious. Arizona treats any DUI conviction harshly, and the consequences don’t get lighter just because your BAC was under the standard limit.
If convicted, you may face:
- Up to 10 days in jail (with a portion suspended after alcohol screening)
- Minimum $1,250 in fines and fees
- License suspension or restriction
- Mandatory alcohol education classes
- Ignition interlock device (IID) for 12 months
- Permanent criminal record
These penalties are applied even to first-time offenders. Arizona’s courts are not lenient when it comes to impaired driving, and they don’t offer exceptions just because your BAC was below 0.08%. The law is written to penalize all levels of impairment, not just those that cross a specific threshold.
In short: you don’t need to blow over the limit to face the full force of DUI penalties in Arizona.
Underage and Commercial Drivers: Even Stricter Rules
If you’re under 21 or hold a commercial driver’s license (CDL), the standard 0.08% limit doesn’t apply to you at all.
Underage Drivers (Zero Tolerance)
- Arizona enforces a 0.00% BAC limit for drivers under 21.
- Any detectable alcohol can lead to immediate DUI charges, even without signs of impairment.
- Penalties include license suspension, fines, and mandatory classes — plus long-term consequences on college or job applications.
Commercial Drivers
- For CDL holders, the legal limit is 0.04% BAC while operating a commercial vehicle.
- If your BAC is 0.04% or higher, you can lose your CDL for at least a year — even if your personal license remains valid.
- Even off-duty DUI arrests in personal vehicles can affect your commercial driving privileges.
These rules reflect Arizona’s aggressive stance on DUI enforcement — especially for higher-responsibility drivers. Regardless of age or license class, a BAC below 0.08% doesn’t guarantee you’re safe from prosecution.
Real-World Examples of DUI Charges Below the Limit
Here are a few real-life scenarios where drivers in Arizona may be charged with DUI below the legal limit:
- A driver with 0.06% BAC fails field sobriety tests and admits to “just having a couple.” Slurred speech and swerving are documented in the police report.
- An underage driver with a 0.02% BAC is stopped at a DUI checkpoint. No signs of impairment are noted, but Arizona’s zero-tolerance law applies.
- A CDL holder is stopped for a tail light issue, and the officer smells alcohol. A breath test shows 0.04%, and they are arrested for DUI under commercial driving laws.
- A driver refuses the breath test, but is visibly impaired and fails multiple sobriety tests. The officer arrests them for DUI based on observed impairment.
In each of these situations, a BAC below 0.08% did not prevent the DUI charge. Arizona law prioritizes actual impairment over numeric thresholds.
Defending Against DUI Charges Below 0.08%
If you’re charged with DUI below the legal limit, you still have the right to defend yourself — and in some cases, there may be room to challenge the evidence. Common defense strategies include:
- Challenging the validity of field sobriety tests
- Questioning the officer’s interpretation of behavior
- Pointing out non-alcohol-related explanations for symptoms (fatigue, illness, medication)
- Highlighting inconsistencies in the police report
- Providing clean toxicology reports
While Arizona’s laws are strict, each case is fact-specific. A DUI charge under the “slightest degree” rule doesn’t guarantee a conviction, but it does require taking the charge seriously and understanding what the prosecution will rely on.
FAQ
Can you get a DUI in Arizona with a BAC under 0.08%?
Yes. Arizona allows DUI charges if you’re impaired to the slightest degree, regardless of BAC level.
What’s the lowest BAC someone can be charged with?
There is no minimum BAC if the officer believes you were impaired. Even 0.01% could lead to a charge.
Is it illegal to drive after one drink in Arizona?
Not automatically — but if that one drink impairs your ability, you can still be charged.
What happens if I refuse the breath test in Arizona?
Refusal leads to automatic license suspension, even if you aren’t convicted of DUI.
Do DUI penalties change if your BAC is under 0.08%?
No. Arizona imposes the same penalties if you’re convicted of DUI under the “slightest degree” law.
Conclusion
In Arizona, driving with a BAC under the legal limit doesn’t guarantee that you’re safe from DUI charges. The state’s “impaired to the slightest degree” law gives law enforcement broad authority to arrest and charge drivers based on observed behavior and field sobriety results — not just a number on a breathalyzer.
Understanding this can help you make more informed choices about driving after drinking. Even if you feel fine or believe you’re below the limit, any sign of impairment can result in a criminal charge. Arizona takes a zero-tolerance approach to impaired driving, and that includes BAC levels many drivers assume are legal.
To better understand how BAC levels work and what they mean under DUI laws, visit the Blood Alcohol Content And Legal Limits pillar page or explore the full guide: What Blood Alcohol Content (BAC) Means Under DUI Laws.