DUI Impairment to the Slightest Degree per A.R.S. §28-1381(A)(1) is a Class 1 Misdemeanor in Arizona. This offense requires the State to prove impairment, and is the only DUI theory requiring such. In other theories, the State must merely prove a blood alcohol content (“BAC”) above .08% or that a drug is present. In a DUI Impairment case, the State must prove impairment through officer or witness testimony. Or it may do so utilizing legal presumptions discussed below.

DUI Impairment to the Slightest Degree Prosecutions

Arizona law dictates it is unlawful for a person to drive or be in actual physical control of a motor vehicle while impaired to the slightest degree by alcohol or drugs. Prescription drug impairment is a DUI under this section. However, a prescription is a defense to a DUI Drugs or Metabolite under A.R.S. §28-1381(A)(3). That specific section does not require proof of impairment. Rather, it only requires proof the drug or metabolite is merely present in a person’s system. This is similar to an alcohol case which merely requires a BAC above .08%. However, a .08% BAC is relevant in DUI Impairment prosecutions. Indeed, Arizona law presumes impairment at a BAC greater than .08% per A.R.S. §28-1381(G)(3). This is a rebuttable presumption, but one the State routinely relies on in proving impairment to the slightest degree in alcohol cases. 

DUI Impairment to the Slightest Degree Consequences


Even a first-time misdemeanor DUI offender faces mandatory jail time.  A conviction under this section carries mandatory 1-day jail, after suspensions for alcohol counseling. The State will also impose approximately $2000 in fines, fees, surcharges and assessments.  The driver’s license ramifications for a first-time DUI impairment to the slightest degree is 90 days along with the installation of an ignition interlock device in the vehicle for anywhere from 6 to 12 months. A person eligible for home detention may serve as little as 6 days in jail.


A second-time misdemeanor DUI here carries harsher penalties than a first-time offense.  A second-offense requires 90 days jail with 60 days suspended upon completion of substance abuse counseling.  However, a person may be eligible for home detention after serving 2 days in jail.  The fines for a second-offense are approximately $3000 and one faces a driver’s license revocation for a period of 1-year.

Huss Law as your DUI Attorney

These cases generally come down to an officer’s account of symptoms of impairment. Retaining an attorney knowledgeable with officer training in identifying symptoms of impairment is crucial.  The attorneys at Huss Law know how to investigate a DUI case and will place a person in the best position to resolve their case. Call Huss Law Today for a Free Consultation!

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