Arizona DUI (.08 Per Se) Lawyers
Charged with a standard DUI for a breath or blood test of .08 or higher under A.R.S. § 28-1381(A)(2)? A first offense is a Class 1 misdemeanor carrying mandatory jail, fines and fees over $1,500, a 90-day license suspension, and a certified ignition interlock. The case is built on one number, so the stop and the test are exactly what we attack. Call us before you talk to police.
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What Is a .08 Per Se DUI in Arizona?
Quick answer: A .08 “per se” DUI under A.R.S. § 28-1381(A)(2) means it is illegal to drive with an alcohol concentration of .08 or more within two hours of driving or being in actual physical control of a vehicle. It is a Class 1 misdemeanor, and on a first offense the law requires a minimum of 10 days in jail (up to 9 can be suspended after you complete alcohol screening and classes, so many serve just one day), fines and fees over $1,500, a 90-day license suspension, and a certified ignition interlock for about 12 months. Because the charge rests on a single test result, the stop, the arrest, and the accuracy of the breath or blood test are usually the heart of the defense. It is often charged alongside impairment to the slightest degree.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending DUI and other DUI cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is a .08 Per Se DUI in Arizona?
- Is a .08 DUI a felony or a misdemeanor in Arizona?
- How much jail time does a first .08 DUI carry in Arizona?
- Will I lose my license and need an interlock for a .08 DUI?
- How does the State prove a .08 per se DUI?
- What are the strongest defenses to a .08 DUI?
- Can a .08 DUI be reduced to reckless driving?
- How a Standard DUI Escalates
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with DUI in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-1381, the penalties, and the defenses that matter most.
Is a .08 DUI a felony or a misdemeanor in Arizona?
A standard .08 per se DUI under A.R.S. § 28-1381(A)(2) is a Class 1 misdemeanor, the most serious misdemeanor class. It becomes an aggravated (felony) DUI only with an aggravator, such as a third DUI within 84 months, a suspended license, or a child under 15 in the car.
How much jail time does a first .08 DUI carry in Arizona?
A first offense carries a mandatory minimum of 10 days in jail, but the court can suspend up to 9 of those days once you complete alcohol screening and any ordered classes. As a result, many first offenders serve only a single day, though the minimum cannot be avoided entirely after a conviction.
Will I lose my license and need an interlock for a .08 DUI?
Yes. A conviction brings a 90-day license suspension, with a restricted permit often available after 30 days, plus a certified ignition interlock for about 12 months after reinstatement. There is also a separate MVD administrative action with a short deadline to request a hearing, so you should act quickly.
How does the State prove a .08 per se DUI?
A per se DUI does not require proof of bad driving or visible impairment, only that your alcohol concentration was .08 or more within two hours of driving. The entire case rests on the breath or blood number, which is exactly why attacking the stop and the reliability of the test is so important.
What are the strongest defenses to a .08 DUI?
Because the charge depends on one number, the best defenses attack the stop, the arrest, and the test. An unlawful stop, no probable cause to arrest, a rising-BAC timing argument, and breath or blood test errors, including the lab’s own margin of error, can all undermine or exclude the .08 reading.
Can a .08 DUI be reduced to reckless driving?
Often, yes. If we can weaken the stop, the arrest, or the reliability of the test, the State may agree to reduce the charge to reckless driving, which carries no mandatory DUI jail, interlock, or lengthy suspension. The strength of the test evidence usually drives whether a reduction is available.
How a Standard DUI Escalates
A .08 DUI is the baseline, but the alcohol concentration and your record can push the same arrest into far harsher mandatory territory.
| DUI Type | BAC / Trigger | Statute | Class | Mandatory Minimum Jail |
|---|---|---|---|---|
| Standard DUI | .08 – .149 | 28-1381(A)(2) | Class 1 Misd. | 10 days (up to 9 suspendable) |
| Extreme DUI | .15 – .199 | 28-1382(A)(1) | Class 1 Misd. | 30 days |
| Super Extreme DUI | .20 + | 28-1382(A)(2) | Class 1 Misd. | 45 days |
| Second DUI | Within 84 months | 28-1381(K) | Class 1 Misd. | 90 days |
| Aggravated DUI | 3rd in 84 mo / susp. lic. | 28-1383 | Class 4 Felony | 4 months prison |
A test of .15 or higher, or a prior DUI within 84 months, sharply increases the mandatory minimums.
What the State Must Prove for DUI (.08 Per Se)
To convict you of DUI (.08 Per Se) under A.R.S. § 28-1381, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Driving or actual physical control. You were driving or in actual physical control of a vehicle, sitting in a parked car is not always enough.
- 2In Arizona, on a road or area open to the public. Arizona’s DUI laws applied to where you were.
- 3An alcohol concentration of .08 or more. A breath or blood test placed your alcohol concentration at .08 or higher, the element that defines a per se DUI.
- 4Within two hours of driving. The .08 result must be shown within two hours of driving and stem from alcohol consumed before or while driving.
Examples of Conduct Charged as DUI (.08 Per Se)
- A breath test of .08 to .14 after a traffic stop
- A blood draw reading .08 or higher following a collision
- A DUI checkpoint arrest with a portable then evidentiary breath test
- Sitting in a running car with the keys after drinking
- A .08 DUI charged on the number alone, with no bad driving
What Sentence Could You Actually Face?
A first .08 DUI is a misdemeanor, but it still carries mandatory jail, over $1,500 in fines and fees, a license suspension, and an interlock. A prior DUI or a higher reading raises every number.
First DUI
.08–.149 BAC
Second DUI
Within 84 Months
Aggravated
3rd / Suspended Lic.
⚠ Up to 9 of the 10 Days Can Be Suspended, If You Fight Right
On a first .08 DUI the court can suspend up to 9 of the mandatory 10 days once you complete alcohol screening and any ordered classes, so many clients serve just a single day. The far bigger goal is challenging the stop and the test so the conviction never happens, or the charge is reduced to reckless driving with no mandatory DUI jail at all.
How We Fight Arizona DUI (.08 Per Se) Cases
Every case has weak points. These are the defenses we look at first.
Attacking the Stop & Arrest
No Reasonable Suspicion for the Stop. If police lacked a lawful reason to pull you over, the stop is unconstitutional and the breath or blood result can be suppressed, often ending the case.
No Probable Cause to Arrest. Field sobriety tests are subjective and frequently administered incorrectly. Without valid probable cause, the arrest and the test can be thrown out.
No Actual Physical Control. Sitting in a parked or pulled-over car is not always driving. Where you were not in actual physical control, there is no DUI.
Improper Warrant or Refusal Process. Blood drawn without a valid warrant or consent, or admin-per-se violations, can lead to suppression of the result.
Attacking the .08 Number
Margin of Error. Every breath and blood test has a known uncertainty. Applying the lab’s own margin can drop a .08 reading below the legal limit.
Breath-Machine Errors. Calibration lapses, a missed 15-minute observation, mouth alcohol, GERD, and radio interference all inflate Intoxilyzer readings.
Blood-Draw & Chain-of-Custody Problems. An improper draw, unqualified phlebotomist, fermentation, or a broken chain of custody can make a blood result inadmissible.
Rising BAC. Alcohol keeps absorbing after you stop drinking, so your level may have been under .08 while driving and only crossed it by the time of the test, which is what the State must prove.
The Experts We Bring to the Table
An extreme DUI is a science case. The State leans on a breath machine and a crime lab; we answer with specialists who challenge that science line by line.
Forensic Toxicologists
BAC & Absorption
Independently review the blood and breath results, the absorption curve, and whether the alleged number reflects your true level at the time of driving.
Breath-Test Analysts
Intoxilyzer & Calibration
Examine the machine’s calibration and maintenance logs and the 15-minute observation, exposing mouth alcohol, radio interference, and operator error that inflate readings.
Blood & Lab Experts
Gas Chromatography
Audit the blood draw, storage, fermentation risk, lab protocol, and reported uncertainty, where applying the margin of error can drop the reading below the threshold.
Medical Experts
GERD, Diabetes & Diet
Explain how acid reflux, diabetes, and low-carb diets can push a breath reading upward, independent of how much alcohol was actually consumed.
Field Sobriety Experts
NHTSA Protocol
Evaluate whether the standardized field sobriety tests were administered and scored correctly, and whether the ‘clues’ really show impairment.
Records & Discovery Specialists
Maintenance & Logs
Pull the full calibration history, repair records, and discovery the State would rather not produce, the paper trail that often reveals an unreliable machine.
Recent DUI (.08 Per Se) Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles DUI cases across Arizona.
First DUI, Breath .09
Reduced to Reckless Driving
By exposing a missed 15-minute observation and the machine’s margin of error, we cast doubt on the .09 reading and resolved the case to reckless driving with no mandatory DUI jail.
DUI, Unlawful Stop
Charges Dismissed
The traffic stop lacked reasonable suspicion. We moved to suppress, and once the breath test was thrown out, the State dismissed the case.
DUI, Rising BAC
Charges Dismissed
A rising-BAC analysis showed our client was likely below .08 while driving, and the prosecutor dismissed before trial.
DUI, No Actual Physical Control
Charges Dismissed
Our client was asleep in a parked car off the roadway. We showed there was no actual physical control, and the case was dismissed.
DUI, Blood-Draw Challenge
Reduced to Reckless Driving
Chain-of-custody and fermentation problems undermined the blood result, and the charge was reduced to reckless driving.
Second DUI Avoided
Treated as First Offense
We showed the alleged prior fell outside the 84-month window, keeping our client out of mandatory 90-day repeat-offender jail.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best DUI lawyer in Phoenix, a .08 DUI defense attorney, help with a first-offense DUI, or an A.R.S. 28-1381 DUI charge. Tamou Law Group defends DUI and other DUI cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County. This page is part of our Arizona dui charges practice. Call 623-321-4699 for a free, confidential consultation, 24/7.
Arizona DUI (.08 Per Se) FAQs
Quick answers to the questions we hear most about DUI charges, penalties, and defenses in Arizona.
Is a .08 DUI a felony in Arizona?
No. A standard .08 per se DUI under A.R.S. 28-1381(A)(2) is a Class 1 misdemeanor, the most serious misdemeanor class. It becomes an aggravated (felony) DUI only with an aggravator, such as a third DUI in 84 months, a suspended license, or a child under 15 in the car.
How much jail time does a first .08 DUI carry?
A first offense carries a mandatory minimum of 10 days in jail, but the court can suspend up to 9 of those days once you complete alcohol screening and any ordered classes. As a result, many first offenders serve only one day, though the minimum cannot be avoided entirely after a conviction.
What is a ‘per se’ DUI?
A per se DUI means the State does not have to prove bad driving or visible impairment, only that your alcohol concentration was .08 or more within two hours of driving. The case rests on the breath or blood number, which is exactly why attacking the test is so important.
Will I lose my license for a .08 DUI?
Yes. A conviction brings a 90-day license suspension, and a restricted permit is often available after the first 30 days. There is also a separate MVD administrative suspension with a short deadline to request a hearing, so you should act quickly to protect your driving privilege.
Do I have to install an ignition interlock?
Yes. A DUI conviction requires a certified ignition interlock device for about 12 months after your license is reinstated. We work to minimize the duration and the overall impact, and the requirement disappears entirely if the DUI is reduced or dismissed.
Can a .08 DUI be reduced to reckless driving?
Often, yes. If we can undermine the stop, the arrest, or the reliability of the test, the State may agree to reduce the charge to reckless driving, which carries no mandatory DUI jail, interlock, or lengthy suspension. The strength of the test evidence usually drives whether a reduction is available.
How accurate are breath and blood tests?
Less than the State suggests. Breath machines require careful calibration and a 15-minute observation, and conditions like acid reflux, diabetes, and radio interference can skew them. Blood results depend on a proper draw, storage, and lab work, and every test carries a margin of error that can drop a borderline reading below .08.
What is the difference between (A)(1) and (A)(2)?
A.R.S. 28-1381(A)(2) is the per se charge based on a .08 number, while (A)(1) is being impaired to the slightest degree regardless of the number. The State usually charges both from one arrest, so we defend the test and the impairment evidence together.
What happens on a second DUI within seven years?
A second DUI within 84 months (seven years) carries a minimum of 90 days in jail, a one-year license revocation, at least 30 hours of community service, higher fines, and a longer interlock. Whether the prior is valid and falls inside the window is often challengeable.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- A .08 per se DUI (A.R.S. § 28-1381(A)(2)) means a BAC of .08 or more within two hours of driving, a Class 1 misdemeanor.
- A first offense carries a minimum 10 days in jail, with up to 9 suspendable after screening and classes, so many serve just one day.
- You also face fines and fees over $1,500, a 90-day license suspension, and a certified ignition interlock for about 12 months.
- A second DUI within 84 months jumps to a minimum of 90 days in jail, a one-year license revocation, and at least 30 hours of community service.
- The State usually pairs the .08 count with an impaired-to-the-slightest-degree count under (A)(1), so we defend both theories.
- Because the charge is built on one number, attacking the stop and the breath or blood test, including its margin of error, is the core of the defense.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.