Driving with a blood alcohol level above .08 is illegal in Arizona and grounds for charging a driver with DUI. Even first-time offenders face mandatory jail time, the jail sentence ranges from 10 days in jail up to six months in jail. The minimum jail term varies based on a driver’s blood alcohol level. For instance, a blood alcohol level of .15 or higher would warrant a charge of Extreme DUI, which carries a harsher penalty and mandatory 30-day jail sentence and increased fines and fees. And a blood alcohol level of .20 or higher is considered a Super Extreme DUI and requires a mandatory minimum 45- day jail sentence, with the highest penalty for fines and fees.
Because Arizona is a “zero tolerance” state, even drivers with an alcohol level below .08 can still be charged with DUI. Even those with legal prescriptions or medical marijuana cards can be charged with a DUI in Arizona. Under these circumstances, the State will argue that the defendant was “impaired to the slightest degree.” This is a complex legal argument that Michelle Bell can successfully defend against.