Breath tests at .096 and .098 sat just above the .08 statutory threshold for per se DUI. Future First pushed the State to amend the case to Reckless Driving with no DUI conviction, no IID, and no jail time after the suspended sentence.

At a glance

Court	Goodyear Municipal Court
Original charges	DUI Impaired to the Slightest Degree (ARS § 28-1381(A)(1)), Class 1 Misdemeanor; companion DUI BAC .08 or More (ARS § 28-1381(A)(2)), Class 1 Misdemeanor
State’s plea offer	10 days jail with 9 suspended on screening, $250 base fine plus $500 Prison Fund plus $500 DPS Assessment plus $10 blood draw, mandatory 12-month IID, MVD 8-point assessment, substance abuse screening
Result	DUI amended down to Reckless Driving under ARS § 28-693(A), Class 2 Misdemeanor; 10 days jail all suspended on alcohol/drug screening completion; $300 base fine; no IID; no DUI conviction
Eligibility for set aside	Approximately 2022 under ARS § 13-905
Eligibility for sealing	Approximately 2024 under ARS § 13-911, two years after sentence completion under the Class 2 Misdemeanor wait

The stakes

The client was stopped in the West Valley in 2021 for expired registration and speeding. Breath tests returned at 0.096 and 0.098. The State charged a standard DUI count plus a per-se BAC count and offered the standard 1st-offense DUI package: 10 days jail with 9 suspended on screening, the $1,250 stack of fines and DUI fund assessments, mandatory 12-month ignition interlock, and an 8-point hit on the driving record.

Both readings sat just above the .08 per-se threshold. The State’s case depended on chemistry that was at the borderline of the statutory standard.

What we did

Future First pushed the State to amend the DUI down to Reckless Driving, a non-DUI Class 2 Misdemeanor. The client kept a clean DUI record.

The plea required no ignition interlock device, no jail time after the suspended sentence, and only the $300 base fine for the reckless. The client completed alcohol and drug screening. The client may apply to set aside the conviction under ARS § 13-905 in 2022, and to seal the record under ARS § 13-911 in 2024, two years after sentence completion under the Class 2 Misdemeanor wait.

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If you’re facing a borderline-BAC DUI in Arizona

Arizona’s per se DUI statute under ARS § 28-1381(A)(2) sets the threshold at .08. Readings just above the threshold (.080 to .099) sit in the most contested part of the chemistry spectrum. Margin of error in breath testing, absorption-phase chemistry, and the time elapsed between driving and the test can all push the actual driving-time BAC below the threshold.

The defense theory in borderline-BAC cases is that the State cannot prove BAC at the time of driving beyond a reasonable doubt. The breath test reflects the BAC at the time of the test, not at the time of driving. If the client was still in the absorption phase, the driving-time BAC could have been below .08 even when the test result was above. Defense work that surfaces this chemistry argument can move the prosecutor to a Reckless Driving amendment.

Reckless Driving under § 28-693(A) is a Class 2 Misdemeanor with no IID, no MADD panel, no specific licensure flag, and a shorter sealing wait. Going from a borderline DUI to a Reckless plea eliminates every DUI-specific consequence.

Future First Criminal Law has handled borderline-BAC DUI cases across Maricopa County and Arizona. We know how Goodyear Municipal Court and other West Valley municipal courts evaluate borderline chemistry challenges, and how to position the case for a Reckless Driving amendment.

Related resources

Arizona DUI defense — full overview of how we handle every tier of DUI charge
Set aside and sealing in Arizona — how to clean up your record after a DUI or reckless driving conviction

Call us

Facing a DUI in Arizona with a borderline BAC reading? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of Arizona DUI cases at every tier. The earlier we are involved, the more options you have.

Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona DUI law, visit the Arizona State Legislature website.