The BAC Limit in Arizona
The legal limit in Arizona is .08 Percent for operators over the age of 21. Persons operating commercial motor vehicles must have a BAC of less than . 04 Percent. Arizona has zero tolerance laws for drivers under 21 years of age who are arrested with any measurable amount of alcohol.
What Happens if You Go over the BAC Limit?
For drivers arrested for operating a vehicle beyond the legal BAC in Arizona, the legal system is ready to dish out some pretty severe consequences. Just because a driver doesn’t experience an accident or any other issue while driving, does not mean they’re in the clear if caught by law enforcement, and every driver in Arizona should be aware of the following:
Fines: First-time offenders for a DUI that comes with a BAC between .08% and .149% face an automatic fine of $250. If a second offense DUI comes through, that fine increases to $500. The fines are exponentially higher for a third offense, as fines start at $5,000.
License suspension: If you commit a second offense, expect immediate license suspension. This is in addition to any administrative action taken by the Arizona Department of Transportation’s Motor Vehicle Division. A third offense will result in a license suspension for one year.
Jail time: A first offense DUI comes with a minimum jail sentence of 10 days, but there is a potential for 6-months if the judge deems it necessary. A second offense results in a maximum 120-day jail time, again at the discretion of a judge. Third offenses carry a minimum sentence of up to 4 months, but like with the previous offenses, they’re generally given at the judge’s discretion.
Don’t let your BAC be the reason you’re found guilty of DUI in Arizona. Keep your drinking and driving habits in check and save yourself from going through the costly legal process of beating your DUI offense.
How Arizona’s BAC Limit Compares to Other States
While a quick comparative survey of the blood alcohol concentration (BAC) laws in other states reveals many similarities, there are also points of difference. For the most part, the laws in Arizona are like those in the four other corner states—California, Colorado, New Mexico and Nevada. In addition to the relatively commonly known zero-tolerance limits for drivers under 21 in all five states, each of the corner states has .08 as the BAC limit for private drivers over 21, and a .05 limit for commercial drivers and others holding special licenses. There are some notable differences, however. California, Colorado and New Mexico have prescribed legal consequences and harsher penalties for drivers found to have a BAC of .15 or greater. In Arizona and Nevada, there is no express correlation between .15 or greater and the penalties. Idaho, Montana, Washington and Utah all appear to track Arizona law quite closely, but there are some variations: Idaho does not appear to have the seemingly universal under-21 BAC limit of .01; Montana and Utah do—and thus, incidentally, take that $.04 higher BAC into account by increasing the .08 standard BAC limit for the under-21 group to .12. There are some important differences in the laws of states that are not in the same general geographic area. In Florida, for example, the BAC for a commercial driver is .04, or .01 to .03 for those holding an "enhanced security driver’s license." Central to this variance, of course, is the tremendous reach of Florida’s tourism industry. The statistics show that DUI arrests are highest on holidays in that state—all reflecting the time of year when the influx of tourists is at its height, making it more likely that a person has driven somewhere after drinking. Ultimately, what evolves to a BAC limit in any state will correlate directly with the type of people who live and knowingly intend to live in the immediate future in that state.
Factors that Can Affect Your BAC
Beneath the surface of these laws are elements that can make legal limits more or less strict for a given individual. For example, although Arizona’s laws set the BAC legal limit at 0.08 for most drivers, if you’re driving a commercial vehicle (as most of Arizona’s truck drivers do) then the legal limit is $0.04, half of the normal legal limit. Similarly, Arizona laws have no provision for lower BAC limits for certain groups of drivers, such as college students, who consume alcohol socializing, and certain licensed professionals.
Aside from such specific details about the letter of the law, however, an understanding of the broader concept of BAC is also essential for buttoning down the concept of a legal limit in driving while intoxicated situations, as although a commonly accepted legal limit exists, it is not an absolute rule that applies plain as day to all individuals.
In fact, there are multiple factors that can influence your BAC level when drinking alcohol. For example, a person’s height and weight can have a large influence on their BAC. Typically, the larger a person is (in height and weight), the more alcohol they have to consume before they would put themselves over the legal limit. What this means in practice is that a 200 pound person can usually consume twice as much alcohol (or more) as a 100 pound person can before they reach that same level of drunkenness. However , it’s also important to note how impairing the effects of alcohol can be in comparison with BAC level. While someone who is drinking will certainly be substantially more drunk at a BAC of 0.20 than at a BAC of 0.08, another basic fact of alcohol consumption is that a person may be significantly impaired at a BAC below what most people would consider legally intoxicated. While a bigger person can often drink more before passing the legal limit, larger people may also be more prone to feeling the effects of alcohol earlier because the alcohol may be more concentrated in their blood due to their larger body mass (though it should be noted that certain organs like the liver are more likely to spring into action as they encounter more alcohol, producing enzymes and metabolic reactions that help metabolize the alcohol more efficiently and mitigate undesirable effects). All this is to say that someone who weighs more than you and has a higher tolerance may still be intoxicated after only a few drinks while you might be markedly impaired after finishing your first drink, even if the BAC levels between the two of you are the same.
Ways to Stay Below the Legal BAC Limit
Exceeding the legal limit is easy to do, even when you are not intoxicated. One of the biggest factors that people miss is the fact that your weight affects your blood alcohol level. You can use an alcohol calculator to get a general idea of your blood alcohol level. These calculators can be found for free online, or through many apps on your smartphone. If you drink alcohol regularly, you should base your BAC off a day when you are sober to get a good idea of what it will be. Keep in mind that your body will process alcohol faster or slower depending on what you are doing at the time. It takes longer for your body to rid itself of alcohol while at rest than while doing regular exercise. Additionally, this calculator does not take into account tolerance which can vary by person. Another way to avoid exceeding the legal limit is by setting your own personal limits while out with friends. This will provide you with a way to stay aware of how much alcohol you have consumed. When you are drinking it is sometimes hard to keep track of how much you have had, especially if you are having fun and keeping an active social life. By setting a personal limit you will be able to avoid negative interactions with law enforcement that will undoubtedly cost you money and significantly increase the amount of time it takes you to get home after your night out. If you are going out and plan to drink, always plan for transportation and avoid driving yourself. Public transportation is safe, and a designated driver is even better. If you are in a situation where you have to drive yourself, arrange for a sober friend to follow you home or call a cab. Having a plan is the best way to avoid the legal limit and ensure the safety of yourself and others.
Legal Help for Those Accused of DUI in Arizona
Consider the following legal resources for individuals facing DUI charges in the state of Arizona:
Legal Aid
Legal Aid is a program that provides assistance for civil legal matters and should not be confused with criminal cases like DUI. However, there are some situations related to local laws where legal aid can be of some assistance.
Other Government Aid
In addition to the Department of Economic Security, there are other divisions of the state government that may be able to help with keeping your criminal record clean once you’ve served your sentence. The Arizona Department of Public Safety , Arizona Department of Health Services, and Arizona Attorney General’s Office (AZAG) can be visited for more information about your records and how to keep them clean after serving your sentence for DUI.
DUI Defense Lawyer
If you are charged with DUI, it is imperative that you hire a DUI attorney to handle your case. In addition to fighting to get the best possible outcome for your case in court, a DUI lawyer can help you gather information, compile a defense, and even refer you to programs that may assist you once you’ve served your sentence.