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.

Contact Vladimir Gagic at his Phoenix or Scottsdale offices today.