Ok I visited my father in Arizona and he was stopped for Resonable suspicion of Dui. The officer took 45 minutes of field sobriety testing and breathlizer, It was determined his BAC was 0.6 and in all states it is 0.8. I looked up Arizona Law and it says a person can be charged with impaired driving event if it is below an 0.8 alcohol level. I was looking for some case law to challenge with this? How is this considered cositutional? What are his options I am not so familiar with Dui penalties any suggestions would be nice to go againt this policy?

I don't see how there would be any case law to challenge this, a BAC of .06 means that the drivers reasoning, reflexes, and their ability to make good decisions is impaired, and I'm sorry, but driving while impaired is not only dangerous to the drunk driver, but to everyone else on the road and they need to be punished.

Maybe I'm misunderstanding, but you can talk to an attorney, that would be your best bet. :(

Well if the limit is 0.8 for it to be illegal what is a resonable BAC to have without getting arrested? So can it be resonable to say a person can make descions still and have sound reasoning under 0.8? Not to take responsoblity from my dad.

Hello college:

Apparently, from what YOU said, he's not being charged with DUI, which of course would require a BAC of .08 or above. He's being charged with impaired driving. I have no idea what the criteria is for that charge.

In any case, your dad needs a good DUI attorney. He'll probably have to plead to careless driving or something like that.

excon

Imparied driving will come from the testomony of the officer, as to what he observed. Also it comes from the field sobriety test.

Most of these cases will be won with a good attorney, not a untrained person trying to learn the law. Even the officer will have had hours of training and retrianing every year on the laws that effect this.

So while you may mean well, going against a trained attorney on a DUI type charge will do nothing but nromally get it worst for him.

First is norrmally a plea bargain, where you try to get it dismissed after a certain amount of community service.

Next of course you check the training of the officer and find out what other problems, can cuase failure of the Field sobritty testing. Some physcial ailments can cause some failure,

So forget the constitutional issues, for many reasons, but look at the terms of the actual law.