Occasionally, I’ll get a case where an officer arrested someone for being impaired to slightest degree when their blood alcohol concentration was less than a .08. Arizona DUI law reads, “If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant’s blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.”
This means that if a person is over a .08, it can be presumed that they are impaired. On the other hand, if they are over a .05 but under a .08, it cannot be presumed they were impaired, but coupled with other things, the blood alcohol content can be used in determining whether a person was impaired. I cannot believe the arrogance of someone police officers who believe their observations of whether someone is impaired are more accurate than a blood alcohol result.
Impaired to slightest degree charges must be fought. An experienced Phoenix DUI lawyer will now how to investigate your case and present evidence to the prosecutor and jury to prove that the officer’s observations were incorrect and that you were not impaired even to the slightest degree.