Arizona law provides an officer with the power to make a DUI arrest if a motorist appears to be "impaired to the slightest degree." The statutory level of blood alcohol content required for a DUI charge is .08. But according to the "slightest degree" provision, a DUI charge could be issued to a motorist whose blood alcohol content is below the legal limit (.079 or lower), so long as the officer believes the motorist is or was "impaired to the slightest" degree at the time of the DUI stop. Arizona drivers should be wary of driving after consuming any amount of alcohol, for any harmful affect on a motorist's coordination or judgment can suffice for a "slightest degree" DUI arrest. The "slightest degree" law places a large amount of authority on an arresting officer's subjective assessment of a motorist's condition. One should consider the huge risks assumed when driving even after consuming a very small amount of alcohol; depending on the conditions of arrest and the perceived level of impairment, as little as one drink could suffice for a "slightest degree" DUI charge. Jay Rock is an experienced criminal defense attorney that has successfully represented legions of clients charged with this.

A police officer generally needs "reasonable suspicion" to make a "slightest degree" DUI arrest. An arresting officer is allowed to use his/her common sense to draw reasonable inferences regarding whether a motorist pulled over on suspicion of DUI is actually intoxicated. In addition to intuition, officers are trained to look for the following signs to confirm any suspicions of intoxication. If you have been charged with this call a criminal defense lawyer today, call Jack Rock.