Arizona DUI Defense Lawyers-Impaired to the slightest degree. www.azduiguy.com
Arizona has some of the strictest DUI laws in the country. Not only can you get a DUI in Arizona if you blow over a .08 BAC, the law states that you can be charged with a DUI if it is evident you are “impaired to the slightest degree“. So what does this mean??
The “Impairment to the Slightest Degree” Test comes from an Arizona case dating back to 1929!! In Hasten v. State of Arizona (280 P. 670 for you legal minds), the Court held “the statute prohibited driving when the influence of intoxicants rose to a level at which the person was “to some degree … less able, either mentally or physically or both, to exercise the clear judgment and steady hand necessary to handle … [an] automobile”.
Essentially, what this means is, if due to the intoxicants (whether alcohol or drugs), a driver’s mental and physical capacity to control the vehicle is deprived to a PERCEPTIBLE (recognizable) degree, they are busted. And you guessed it, the perception comes from the police officer.
If you have been charged with an “impaired to the slightest degree” DUI it is imperative to have an aggressive and experienced Arizona DUI Defense Lawyer analyze the case. At Mostafavi, Marco & Wimmer we have over 25 years of experience handling DUI cases. We offer affordable fees and free consultations. Call us today (480) 540-3815 or visit www.azduiguy.com.
