Mar
05
Debunking The Myth: I Can’t Be Charged with a DUI Because My Reading Was Below .08
Posted by Ted Agnick, The Lawyer | Posted in DUI Myths, Misdemeanor DUI | Posted on 05-03-2009
In Arizona, you can, and people do, get charged with DUI when your reading is below .08. This is because the law is written to allow prosecutors to pursue DUIs when there is no breath or blood test or a reading above .08. In this type of case, the prosecutor only needs to show you were driving, or in actual physical control, and that your ability to operate a motor vehicle was impaired to the slightest degree. The prosecutor will seek to establish impairment by evidence of driving behavior, FSTs and general demeanor such as slurred speech and poor balance.
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can you be charged with a dui if you blow a .02 ?
Technically yes. But, I have never seen that done where the DUI is based solely on Alcohol. However, I have seen DUI charged where the Prosecutor alleges the DUI is based upon having drugs and alcohol in your system. The drugs can be either illegal or legal, i.e., prescriptions.