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Tempe, AZ 85282
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BAC .08 or Greater DUI

BAC .08 or greater DUI

BAC .08 or Greater DUI

The state of Arizona has some of the most stringent driving under the influence laws in the entire country, making the penalties and sentencing disproportionately higher than the states surrounding it.  That being said, proper knowledge and understanding of the legal system that you are dealing with is of paramount importance when considering your options after a DUI arrest.

Under Arizona law, an individual charged with driving under the influence of drugs, alcohol or controlled substances (DUI) can be can be prosecuted if they have either an impaired driving ability or a blood or breath alcohol concentration (BAC) level of .08% or higher within two hours of driving a vehicle. If an individual is convicted of a DUI offense, they can face mandatory penalties in Arizona, which are some of the most severe punishments for DUI in the country.

Considering the possible consequences for a DUI conviction in the state of Arizona, retaining competent legal counsel can mean the difference between a maximum sentence, reduced charges or even a dismissal. 

Scottsdale BAC .08 or Greater DUI Attorney

If you or a loved one has been charged with driving under the influence of drugs, alcohol or controlled substances with a BAC of .08 or greater in Maricopa County, which includes the cities of Mesa, Phoenix, Gilbert, Chandler, Tempe or Scottsdale, contact the Law Office of James E. Novak.

As a former state prosecutor with over ten years of criminal defense experience, James Novak has a developed and knowledgeable perspective of the legal process involved in Arizona DUI cases. This legal understanding allows him the opportunity to put his clients in a favorable position with regard to fighting the charges against them.

Call the Law Office of James E. Novak for a free consultation at (480) 413-1499 about your alleged DUI with BAC of .08 or higher today.


Gilbert BAC .08 or Greater DUI Information Center


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Definition of DUI BAC .08 or Greater in Mesa

According to ARS section 28.1381, it is unlawful for a person to drive or be in actual physical control of a vehicle in Arizona when:

  • The individual has an alcohol concentration of 0.08 or more within two hours of driving, or being in actual physical control of the vehicle and the alcohol concentration level results from alcohol consumed either before or while driving or being in control of the vehicle.

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Penalties for a BAC .08 or Greater DUI in Chandler

According to ARS § 28.1381, the presumptive charge for a DUI with a BAC of .08 or greater is a Class 1 Misdemeanor, which can result in the following sentence:

  • Six months in jail and/or
  • Fines of no less than $250.

Along with the possible prison time and fines, there are other consequences that may result from a Maricopa County BAC of .08 or greater DUI, such as:

  • Additional assessments up to $1,000;
  • Community service;
  • Alcohol or drug education programs;
  • Alcohol or substance abuse counseling;
  • 90 day driver’s license suspension; and/or
  • Installation of an ignition interlock device for at least one year.

Although there is a presumptive jail sentence, hiring a competent Chandler DUI lawyer will put you in a position to possibly have these charges reduced or even possibly dismissed, markedly lowering the chances of you having to go to jail.


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Tempe Extreme DUI

There penalties can vary depending on the level of your BAC when arrested for DUI. Arizona labels most high BAC DUI offenses as either extreme DUI or super extreme DUI, each with its own presumptive sentencing.

An individual can be charged with an extreme DUI if they drive or are in actual physical control of a vehicle and their BAC is .15 or greater. A conviction for this offense can result in the following penalties:

  • Jail time up to six months,
  • Fines up to $250,
  • Assessments up to $250,
  • Additional assessments up to $2,000,
  • Community service,
  • Alcohol or drug education programs,
  • Alcohol or substance abuse counseling,
  • 90 day driver’s license suspension, and/or
  • Installation of an ignition interlock device for at least one year.

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Scottsdale Super Extreme DUI

Another specific DUI offense that pertains to the individual’s high BAC is a super extreme DUI, which concerns individuals with very high amounts of alcohol in their system.

An individual can be charged with a super extreme DUI offense under the Arizona Revised Statutes § 28-1382 If they drive or are in actual physical control of a vehicle and their BAC is .20 or higher.
A conviction for this offense can result in the following penalties:

  • Up to 180 days in jail,
  • Fines up to $500,
  • Assessments up to $250,
  • Additional assessments up to $2,000,
  • Community service,
  • Alcohol or drug education programs,
  • Alcohol or substance abuse counseling,
  • 90 day driver’s license suspension, and/or
  • Five years probation.

Considering that Arizona has multiple classifications for DUI offenses, which allow the state multiple avenues to pursue a conviction, you should be extra vigilant when examining your legal options. Due to the complexity of the legal system in Arizona, a DUI defense lawyer who understands the legal process is of the utmost importance in your particular situation.


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Tempe BAC .08 or Greater DUI Resources

Arizona Department of Motor Vehicles – This website offers information on the various policies and procedures of the DMV, along with resources on licenses, insurance, vehicle safety and more. The physical address for the DMV is:
Arizona Department of Motor Vehicles
20626 N. 26th Ave.
Phoenix, AZ 85027
602-255-0072

Arizona Revised Statutes – This website shows the exact legal definitions of DUI offenses in Arizona, including sentencing and fine information for each DUI offense. Title 28 of the Arizona Revised Statutes discusses transportation and motor vehicle offenses, such as driving under the influence with a high BAC.

Maricopa County Sheriff’s Office – Information on Sheriff Joe Arpaio and the rest of the Maricopa County Sheriff’s Office, along with resources on jail information, crime prevention, civil law, district facilities and patrol jurisdiction


Law Office of James E. Novak, PLLC | High BAC Attorney in Tempe

As you can see, being pulled over for a DUI is not a simple process that can be taken care of with minimal attention. It is a serious offense that comes with severe penalties in the state of Arizona.  With a broad legal framework, there are many ways an individual can make a mistake in their defense and end up in a poor position.  The headache and hassle of this stressful process can be lessened if you take the time to hire a qualified Maricopa County DUI defense attorney.

If you or a loved one has been charged with a DUI with a BAC of .08 or greater in Maricopa County, which includes the cities of Mesa, Phoenix, Tempe, Scottsdale, Chandler and Gilbert, a well-informed and prepared attorney can help put you in a more favorable position with regard to your case. Contact the Law Office of James E. Novak today for a consultation about your DUI charges with a high BAC today.

James Novak is an experienced Phoenix DUI attorney who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Law Office of James E. Novak at (480) 413-1499 for a consultation about your DUI with .08 BAC or higher throughout Maricopa County in Arizona.