WHAT DOES IT MEAN IF THE CITATION SAYS "DUI ABOVE .08"?
In Arizona, the legal limit is .08. That means that if someone's blood alcohol concentration is above .08 within two hours of time of driving, that violated A.R.S. 28-1381(A)(2).
This allegation means that someone had enough alcohol is his system to raise his BAC above .08. So long as the person's BAC is above .08, whether that alcohol actually impaired the person's ability to drive is largely irrelevant. Thus, even if you were driving just fine, the government will charge with violating A.R.S. 28-1381(A)(2) if your BAC was above .08. Further, to convict you of this charge, the government does not have to prove that your BAC was above .08 while you were actually driving the car. It is enough for the government to prove that your BAC was above .08 up two hours after you finished driving.
Typically, when the government alleges someone was driving with a BAC between .08 and .15, the government will charge the person with both driving under the influence and driving with a BAC above .08.
If the citation says "DUI above .08", that does not mean the blood alcohol test actually came out higher than the legal limit. Sometimes police officers just right that without actually knowing the blood test results.
CAN I FIGHT THE ALLEGATION OF BAC ABOVE .08? HOW DO IT FIGHT IT?
Yes, without question you can fight it. Contact Vladimir Gagic at his Phoenix office today. Call 602-635-1536
