Debunking the Nine Most Common Arizona DUI Myths

There are many myths surrounding DUI laws in Arizona. Some are based in fact, while others are misinformation and can cost you if you are arrested for suspected driving under the influence or charged with DUI.

    1. DUI Laws Only Apply to Alcohol

False. In Arizona, you can be charged with a DUI for being under the influence of alcohol, marijuana or prescription drugs. Even if you have a valid prescription, you may still be charged with a DUI if you are impaired by medication while operating a vehicle.

    2. I Have to Comply with All the Officer’s Requests

False. While it may be in your best interest to comply with officers' requests for breathalyzer or field sobriety testing, you have the right to refuse.

A related myth is that there are no consequences for refusing a breathalyzer. Arizona has implied consent laws. Simply by operating a vehicle within Arizona’s borders, you tacitly consent to breath, blood or urine testing if you’re arrested for suspected drunk driving. Although you technically have the right to refuse the test, you may be subjected to an automatic one-year license suspension, even if you are completely sober when you were stopped.

You may need to undergo alcohol or drug screening to have your license reinstated, even if you weren’t convicted of a DUI.

    3. I Can’t Get a DUI While Sleeping in a Car

False. Arizona DUI Law outlines that you can receive a DUI charge for driving or being in actual physical control of a motorized vehicle while impaired. Being in actual physical control is not clearly defined, however, it is intended to cover situations where a person is behind the wheel even in a non-moving vehicle. You can receive a DUI if you are found under the influence of drugs or alcohol while sleeping in the driver’s seat of a vehicle.

In many cases, the jury will determine the parameters of “actual physical control,” so while you may be arrested for being under the influence and sleeping in a car, you may not end up being convicted. Your choice of defense lawyer may play a significant role in outcome of your case in this type of situation.

    4. I Can’t Get a DUI While Operating a Boat

False. Arizona has a separate statute that covers motorized watercraft (ARS 5-395). You can receive a DUI if you are caught operating a boat while under the influence.

    5. An Average Sized Man Can Drink Three to Five Drinks in an Hour and Not Exceed the BAC Limit

Can be true or false depending on the person, but it’s incorrect to assume BAC is the only factor that matters when being arrested for a DUI. Blood alcohol content is determined by a variety of factors including size, weight, gender, and the alcohol percentage of the beverage you were drinking. An average-sized man may be able to drink three to five drinks in an hour and not exceed the BAC limit of 0.8, provided that he is drinking a low alcohol content beverage in the first place.

Variations in anatomy and metabolism means there is no one-size-fits-all rule of thumb. As a zero-tolerance state, you may still be charged with a DUI even if you’re BAC is below 0.8.

    6. A DUI Conviction Stops Showing on My Record After Seven Years

False. In Arizona, a DUI conviction will stay on your record forever. However, it may only count as a prior DUI for sentencing enhancement purposes for seven years. There is no process for expungement in this state. However, if you meet the terms of your DUI sentence and do not have any repeat offenses, you may have the option to have the charges set aside.

You will need to file a motion to have the charges set aside. Successfully doing so can result in the conviction being removed from basic background reports and being resolved on your record.

    7. I Can Get a DUI on a regular Bicycle

False. DUI charges are restricted to motorized vehicles. Operating or being in the vicinity of a motorized vehicle with a reasonable belief that you were driving may result in a DUI arrest. You cannot receive a DUI while riding a regular bicycle, but you can while operating a motorcycle, a bike with a pedal assist motor, or a motorized scooter.

    8. A DUI Is Not a Serious Crime

False. A DUI is a serious crime, and Arizona is one of the strictest DUI prosecutors in the United States. DUI convictions come with minimum mandatory penalties like jail time, license suspensions and fines. A DUI may be a felony or a misdemeanor depending on the severity of the infraction, and it will stay on your record for life.

Having a DUI can restrict work opportunities and cause professional licenses to be suspended or revoked. It is a serious crime that can have an impact on your quality of life and the opportunities available to you in the future.

    9. If You’re Caught Drunk Driving, There is Nothing You Can Do to Avoid Conviction

False. An arrest for DUI does not necessarily mean conviction. With the help of an experienced DUI lawyer, you may be able to avoid conviction or have the charges reduced.

Facing DUI Charges? Contact Michael Alarid III in Phoenix, AZ

DUI charges are a serious matter, but support is available. If you're a resident of Arizona facing DUI charges, contact Michael Alarid III in Phoenix, AZ.

Having an experienced DUI lawyer on your side can greatly reduce your stress and may even result in charges being dropped, pleaded down or defeated in court. Contact us today at 602.818.3110 for a free consultation.