One of the most dangerous misconceptions about DUI in Arizona is that anyone who registered a blood or breath alcohol content of .08 percent is automatically guilty of a DUI, and anyone who registers lower than that is automatically innocent. This misconception has caused countless people to lose the opportunity to defend themselves against a DUI charge only to find out that their strategy is based on false logic. A DUI attorney should always be consulted before entering any pleas to any type of DUI case or any time a person is charged with this crime.
What Does Per Se Intoxication Mean?
The confusion about the .08 percent blood alcohol content "limit" may arise from a misunderstanding of what the law says about driving while intoxicated. .08 percent BAC has been established as the level at which a prosecutor no longer needs to prove that an individual is impaired by alcohol. It is assumed that anyone with a blood alcohol content of .08 percent or higher is impaired, freeing the prosecution to focus on the other aspects of the case.