In Phoenix, AZ, attorney James Novak knows that DUI and being impaired to the slightest degree are special types of cases. Most drivers think of a DUI as a case where the driver is arrested for driving while having a blood alcohol content over the legal limit of .08%. However, the truth is that another type of DUI is also commonly charged, and that is the charge of DUI and being impaired to the slightest degree. The State has the ability to make both charges, increasing the odds of getting a conviction. This is why it is so important to take an aggressive stand on every DUI case. Part of an effective DUI defense involves defending a charge of being slightly impaired. DUI and being impaired to the slightest degree are two different types of DUI charges, and both deserve your full attention.
What is Being “Impaired to the Slightest Degree”?
Being impaired to the slightest degree is another way for the officer to make a DUI arrest. If a driver is in actual control of a motor vehicle while under the influence, the arresting officer can write a ticket for DUI under the concept of being impaired to the “slightest degree”. This may not be impairment over the .08% legal limit, but is still a charge of DUI nonetheless. The standard used to make this determination is not what one might typically think; the breathalyzer test. And even though a breath test is subject to attack, there is slightly more scientific reliability to a breath test result than there is to the subjective opinion of an officer making a claim of slight impairment. Things like bloodshot eyes, slurred speech, walking unsteadily, and having an odor of alcohol about your person are all factors an officer will point to when making a slightly impaired DUI arrest. These subjective “facts” can be difficult to overcome, but not impossible. A qualified DUI defense attorney will know where to expose weaknesses in the case against you and minimize the chance of a conviction.
What is The Possible Punishment for a Slightly Impaired DUI Arrest?
The range of punishment for a DUI case, including a DUI and being impaired to the slightest degree is:
- Incarceration of up to 180 days
- Loss of driving privileges for up to 90 days
- The requirement to have an interlock device installed in your car for up to 6 months
- Community service
There is also the chance that a driver convicted of DUI will have harmful points added to their driving record. When points accumulate on your driving record you risk losing your right to drive, and you also have to pay a higher auto insurance premium. To avoid these harsh consequences, every defendant charged with DUI must stand firm and vigorously defend DUI charges of all types.
Where to Turn For DUI Defense Help
If you have been arrested for DUI, call the Law Offices of James E. Novak, P.C., for help. We focus on DUI defense and have had success at minimizing the negative implications an arrest can have. Contact us online or call our office at (480) 413-1499.