Introduction:
Driving under the influence (DUI) laws in Arizona are among the strictest in the nation, but widespread misconceptions about these laws can lead to confusion and missteps by those facing DUI charges. Understanding the realities of Arizona DUI laws is crucial, not only for navigating the legal system effectively but also for maintaining your rights. This article aims to dispel several persistent myths about DUIs in Arizona, shedding light on the actual implications of a charge.
Myth 1: You Must Be Driving Erratically or Have a BAC Over 0.08% to Be Charged with DUI
Many believe that a DUI charge requires either visible impairment while driving or a blood alcohol concentration (BAC) exceeding 0.08%. However, Arizona law stipulates that any sign of impairment, even to the slightest degree, can result in a DUI charge, regardless of your BAC level.
Under Arizona Revised Statutes (ARS) 28-1381(A)(1), drivers can be charged if they are “impaired to the slightest degree” by alcohol, drugs, or even prescription medications. This means that your driving doesn’t have to be erratic for you to be deemed impaired.
If stopped by law enforcement, be aware that any evidence of impairment can lead to charges. It’s important to be polite and comply with the officer but also know your rights, including the right to remain silent and the right to refuse consent to a vehicle search.
Myth 2: Being a Good Person or Having No Prior Record Will Result in Leniency
It’s a common belief that first-time offenders or those with exemplary character will receive leniency in DUI cases. However, Arizona’s stringent laws and mandatory sentencing guidelines often leave little room for judicial discretion based on character or history. Despite personal circumstances, mandatory penalties like minimum jail time and fines apply to all DUI convictions, reflecting the state’s tough stance on all DUI offenses.
Instead of relying on character defenses, focus on a strong legal strategy that challenges the evidence or the procedure of the arrest. Your defense attorney can explore options such as questioning the accuracy of BAC tests or the legality of a traffic stop.
Myth 3: You Must Participate in the Field Sobriety Tests
Many drivers believe they have to do the field sobriety tests if the officer directs them to.
While it’s true that your refusal can be used by the state against you, your lawyer will likely thank you for refusing to do the tests because it is better to explain to the jury all of the innocent reasons a person would refuse the tests rather than explaining why your “failure” on the tests does not indicate guilt. Even calling them “field sobriety tests” is part of a myth that the police and prosecuting agencies perpetuate. They are not sobriety tests because a person who is 100% sober could (likely would) still fail them. I much prefer to refer to them as “Roadside Agility Maneuvers” because that is a much more accurate way to describe them. Unless you have practiced these roadside agility maneuvers and feel confident that you can do them to the officer’s “satisfaction,” participating in them will likely only give the state more evidence to use against you.
If asked to perform “field sobriety tests,” calmly refuse and insist on contacting your attorney. Be aware that while this refusal can be used in court, it also denies prosecutors certain direct evidence of impairment.
Additional Myths:
High-Profile DUI Attorneys Guarantee Better Outcomes:
Hiring a well-known attorney doesn’t guarantee a favorable DUI case outcome. Instead, look for an attorney who actively engages with their clients and has a proven track record in DUI defense.
DUI Convictions Can Be Expunged in Arizona:
Unlike some states, Arizona does not offer expungement of DUI convictions; it only allows for the conviction to be “set aside.” While a set-aside removes some penalties, the conviction remains part of your legal record. Once a person has completed their sentence, after a certain period of time that depends on the kind of conviction the person received, that person can seek to have the records of the case sealed from public view.
Conclusion:
Dispelling these myths is essential for anyone facing a DUI charge in Arizona. Understanding the law and having an experienced attorney can significantly affect the outcome of your case. We encourage anyone dealing with a DUI charge to seek knowledgeable legal counsel to navigate these challenging circumstances effectively.
If you’re facing a DUI charge in Arizona and need expert legal assistance, contact us today to discuss your case. Let’s ensure you’re represented by someone who understands not only the law but how to manage it in your best interest.
