When it comes to driving under the influence charges or DUIs, there’s no shortage of misinformation out there. People often rely on advice from friends, TV shows, or random sources on the internet (that are usually based on information from friends and TV shows). DUI myths passed around as facts can confuse and even worsen the situation if you’re charged with a DUI. Arizona, in particular, has some of the toughest DUI laws in the country, making it even more important to separate fact from fiction.
Myth 1: You Can’t Be Charged with a DUI if You’re Under the Legal Limit
The Myth: Many people believe that as long as their blood alcohol content (BAC) is under 0.08%, they’re in the clear and cannot be charged with a DUI.
The Truth: The assumption that DUIs are strictly based on BAC level couldn’t be more misleading. While 0.08% is the legal BAC limit in Arizona, the state’s DUI laws allow drivers to be charged if they are "impaired to the slightest degree." In other words, even if your BAC is below the legal threshold, you can still be arrested if an officer determines that alcohol (or drugs) has impacted your ability to safely operate a vehicle. For example, drivers who have consumed just a drink or two might feel fine but still exhibit signs of impairment during a traffic stop, such as swerving or failing field sobriety tests.
Myth 2: Refusing a Breathalyzer Test Won’t Have Consequences
The Myth: Some drivers think they can avoid a DUI charge altogether simply by refusing to take a breathalyzer test.
The Truth: Refusing a breathalyzer in Arizona could get you into unexpected trouble. Under Arizona's Implied Consent Law, anyone who operates a vehicle automatically agrees to submit to chemical testing (e.g., a breathalyzer, blood, or urine test) if suspected of DUI. Refusal leads to an automatic suspension of your driver’s license for up to 12 months – even on a first offense.
Additionally, refusing a breath test doesn’t guarantee you’ll avoid a DUI charge, either. Police can often obtain a warrant to perform a mandatory blood test, so you could get slammed with the administrative penalty of an automatic license suspension and still get charged with a DUI.
Myth 3: You Can Sleep It Off in Your Car Without Getting a DUI
The Myth: If you’re too drunk to drive, you might assume it’s fine to sleep it off in your car until you sober up.
The Truth: Unfortunately, Arizona law doesn’t see it that way. Even if your car isn’t moving, you can still be charged with a DUI if you’re found to have "actual physical control" of the vehicle while under the influence. What does “actual physical control” mean? It includes factors like whether the keys are in the ignition, whether the car is running, or whether you were in the driver’s seat. Courts will look at the totality of circumstances, so even the intention to drive while drunk can land you in legal trouble.
If you’re under the influence and need to sleep it off, it’s safest to avoid sitting in your car altogether. Consider alternative options, like calling a friend, using a rideshare service, or finding a safe location like a hotel to stay.
Myth 4: A DUI Charge Can’t Be Fought or Won in Court
The Myth: There’s a widespread belief that once you’re charged with a DUI, there’s no point in fighting it.
The Truth: DUI charges can absolutely be fought and even dismissed in many cases, especially when handled by a skilled DUI defense attorney. Possible defenses include questioning the accuracy of BAC results (were the devices calibrated properly?), challenging the validity of the traffic stop (did the officer have probable cause?), or pointing out violations of your rights during the arrest. Each case is unique, and an attorney experienced in Arizona DUI cases can identify weaknesses in the prosecution’s argument and use them to your advantage.
Do not assume you’re out of options – the right defense could make all the difference.
Myth 5: You Don’t Need a Lawyer for a DUI Case
The Myth: Many people assume that a DUI is a minor brushing with the law and can handle it without legal representation.
The Truth: Arizona does not treat DUIs as minor offenses, and the penalties can be severe. A DUI conviction could result in fines, jail time, temporary or indefinite loss of driver’s license, mandatory alcohol education classes, vehicle installation of ignition interlock devices (IID), and a permanent criminal record. Navigating the complexities of Arizona’s DUI laws can be overwhelming on your own, so hiring an experienced DUI attorney should be your first decision after being arrested.
Know the Facts, Protect Your Rights & Call Now
When it comes to DUIs, believing myths can cost you your freedom, your license, and your peace of mind. Understanding the truth behind these misconceptions is an important step to protecting your rights and driving privileges if you’re stopped or charged with a DUI in Arizona. The next important step is to talk to a DUI defense attorney from MayesTelles PLLC, helping clients throughout Phoenix, Arizona, and the surrounding area.
With former prosecutors at our firm, we can offer unique insights and angles to DUI defense cases. Our strengths and knowledge have allowed us to win thousands of cases for past clients. Reach out to our firm, so we can discuss how our team can fight for you, too.
Contact our Phoenix DUI defense lawyers online or call (602) 428-7104 now.