Manipulating Blood Alcohol Concentration: Tactics for DUI Defense

Manipulating Blood Alcohol Concentration: Tactics for DUI Defense

Important Things to Know About Arizona DUI Laws

As a driver in Arizona, it is essential to understand the state's DUI laws, which are particularly strict. While the laws surrounding a DUI can be similar across the United States, it's crucial to be aware of the legal distinctions of each state.

Operating a Vehicle While Under the Influence

Under Arizona's DUI laws, it is illegal to operate a vehicle or be in physical control of one while under the influence of drugs or alcohol. It's crucial to note that you need not necessarily be driving to be charged with a DUI. Any action that could be seen as an attempt to control your vehicle, such as turning the headlights on, could land you in trouble. You may also face DUI charges of a BAC level of 0.08% or greater, while commercial drivers may face DUI charges for BAC levels even lower than that.

The Severity of DUI Penalties

The consequences of a DUI in Arizona can be significant, even for first-time offenders. The severity of DUI penalties only increases when drivers move from a simple DUI to an extreme or aggravated DUI. While most DUIs can be charged as misdemeanors, an aggravated DUI is a felony that carries steep punishments. As for extreme DUIs, drivers with a BAC level greater than 0.15% could serve a mandatory jail sentence of at least 30 days and are required to pay a minimum fine of $2,500.

The Shelter Rule Law

In Arizona, lawmakers passed the Shelter Rule Law to deter drivers from drunk driving. If you're suspected of a DUI, pulling onto the side of the road or finding a parking lot could potentially be considered relinquishing physical control of your vehicle, as it shows evidence of avoiding the act of drunk driving. It's worth noting that various factors, such as the amount of alcohol in your system or your specific action, could influence the decision as to whether or not you were in physical control of your vehicle.

Implied Consent Affidavit

According to ARS § 28-1321, the "implied consent affidavit," is served to any driver suspected of a DUI offense where they refuse to or are for whatever reason cannot submit to testing that determines their blood alcohol concentration or drug content. This affidavit is the equivalent of a DUI citation and comes with a minimum mandatory sentence of 10 days in jail. Depending on the number of DUI offenses within seven years, this could go up to a two-year sentence.

Zero-Tolerance State

Arizona is a zero-tolerance state. Anyone under 21 caught driving with a blood-alcohol concentration greater than 0.00% faces a DUI charge.


As a trusted online legal journal editor, my expert knowledge of the law urges drivers in Arizona to understand the state's DUI laws fully. With severe consequences, it's essential to take precautions when operating a vehicle in Arizona and make an informed decision before driving under the influence.

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Manipulating Blood Alcohol Concentration: Tactics for DUI Defense