ARIZONA DUI MYTHS
DUI Misconceptions and Myths in Arizona
Learn the truth about DUI arrests and Driving Under the Influence in Arizona.
If you are arrested for DUI in Arizona it is a very sobering affair. It could lead to consequences that will follow you around for the rest of your life. Additionally, people throughout Phoenix, Maricopa County and Arizona think they can beat DUI charges with some sort of quick fix or technicality in the law. However, these solutions are simply not true and below we offer the truth regarding many DUI myths that you should know are not facts.
Myths About DUIs in Arizona
Our Experienced AZ Criminal Defense Lawyers Debunk Several DUI Myths.
Our Arizona Zero Down DUI Attorneys discuss many myths and misconceptions regarding being arrested for DUI in Arizona. Our DUI defense attorneys have years of experience that will be beneficial to you in your time of need. Protect your freedom. Don’t take the plea, find out what options may be available.
MYTH: You can’t be convicted of DUI if you are sleeping in the back seat of the car.
Arizona DUI law allows for the driver to be arrested for simply being “in actual physical control” of a motor vehicle. Even if you are sleeping in your vehicle, the court may look at certain factors to determine whether you were in actual physical control. Factors include whether you were asleep in the driver’s seat or elsewhere in the vehicle, whether the car was running, where the keys were stored, and the location of your vehicle.
MYTH: Smelling Alcohol on the breath is a reliable indication of your intoxication level.
This is no way to indicate your actual level of intoxication, but it can create a reasonable suspicion that you are intoxicated. The officer is likely to conduct field sobriety tests and ask you to submit to a breathalyzer if you smell like alcohol. The officer could also potentially testify in court that you smelled of alcohol at the time of your arrest.
MYTH: You have to be driving to be charged with a DUI.
You only have to be in actual physical control of a vehicle while intoxicated to be charged with DUI. There are plenty of ways you can be charged with DUI without actually driving, like waiting in your running vehicle or “sleeping it off.”
MYTH: You can operate a boat and not be arrested for DUI.
Arizona’s DUI laws apply to ANY motor vehicle. You can operate a rowboat and not be charged with OUI (operating under the influence), but you can be arrested for operating any boat with a motor while intoxicated. The penalties and BAC ranges for OUI are the same as for DUI.
MYTH: If I refuse to take any tests, the police won’t have any evidence to prove I was Driving Under the Influence.
You can refuse field sobriety tests with no consequences. However, refusal to take a breathalyzer (or other chemical) test will result in an automatic one year driver’s license suspension from the DMV. You will have 2 weeks to contest the suspension after the refusal. The fact that you refused testing can be used as evidence against you, and the officer will more than likely be able to obtain a warrant for testing if you are placed under arrest.
MYTH: The Police Must read me my Miranda Rights to Arrest me.
It is standard police protocol to read every person placed under arrest their Miranda Rights. Most people know this reminder that they have the right to remain silent, the right to an attorney, etc. by heart. If the police do fail to read your Miranda rights, any statements you make to the police after that point can be excluded as evidence. However, failure to read your Miranda rights isn’t sufficient grounds to have your charges dismissed.
MYTH: A DUI Conviction “drops off” of my record after 7 years.
A DUI conviction will remain on your record for life. After certain requirements are met post-conviction, you may qualify for a set-aside of your conviction.
MYTH: I am only taking the medications prescribed to me by my Doctor, thus I can’t be arrested for Driving Under the Influence.
Driving under the influence doesn’t just apply to alcohol. If your prescription medication impairs your ability to drive, you can still be charged with DUI if it was prescribed by a doctor. This also applies to medical marijuana.
MYTH: I Must Receive Notice of Any DUI checkpoint before it takes place.
Time and time again, surprise DUI checkpoints have been ruled constitutional. Police officers only have to avoid prejudicial motivations during a checkpoint for an arrest to be upheld.
MYTH: I have to do EVERYTHING asked of me when being pulled over for DUI.
You are free to refuse to answer questions besides your basic information and identification. You may also refuse field sobriety testing, with or without good reason. If you have a condition that would cause you to appear intoxicated when you aren’t (e.g., a limp), you should alert the officer. If you refuse to take BAC tests, you will automatically lose your license for one year.
