Common Myths About DUI Arrests in Arizona 

Common-Myths-About-DUI-Arrests-in-Arizona

DUI arrests in Arizona are often surrounded by confusion and misinformation. Many people rely on advice from friends, social media, or outdated assumptions that do not accurately reflect how Arizona DUI law actually works. These myths can lead to poor decisions during traffic stops or after an arrest, sometimes exacerbating a situation unnecessarily. Understanding what is true and what is not is an important first step for any driver.

Myth One: You Can Only Get a DUI If You’re Drunk

One of the most widespread myths is that DUI charges only apply to visibly drunk drivers. In reality, Arizona DUI law focuses on impairment, not just intoxication. A driver does not need to appear drunk or feel impaired to be arrested. Even a slight impairment can be enough under the law.

In addition, DUI charges are not limited to alcohol. Drugs, including prescription medication and marijuana, can also lead to a DUI arrest if they affect a person’s ability to drive safely.

Myth Two: Passing a Breath Test Means You’re Safe

Many drivers believe that passing a breathalyzer test guarantees they won’t be arrested. While breath tests are commonly used, they are not the only factor officers consider. An officer may still make an arrest based on driving behavior, physical observations, or performance on field sobriety tests.

There are also situations where a breath test does not accurately reflect impairment, such as cases involving drugs or medical conditions. Because of this, passing a breath test does not automatically end a DUI investigation.

Myth Three: You Must Be Driving to Be Arrested for DUI

Another common misconception is that a person must be actively driving to be charged with DUI. Arizona law allows DUI charges if a person is in actual physical control of a vehicle. This can include situations where the car is parked, but the driver is inside and can operate it.

For example, someone sitting in the driver’s seat with the keys accessible may still face DUI charges, even if the vehicle is not moving at the time law enforcement arrives.

Myth Four: First-Time DUI Arrests Are Not a Big Deal

Some people assume that a first DUI arrest is treated lightly and carries minimal consequences. In Arizona, even a first offense can result in serious penalties, including license suspension, fines, mandatory education programs, and possible jail time.

Beyond legal penalties, a DUI arrest can also affect insurance rates, employment opportunities, and long-term driving records. Treating a first arrest as insignificant can lead to unexpected consequences later.

Myth Five: Refusing a Test Prevents a DUI Arrest

It is often believed that refusing a breath or blood test will stop law enforcement from building a DUI case. In Arizona, refusing a chemical test can actually lead to immediate administrative penalties, including an automatic license suspension.

Arizona’s implied consent laws mean that drivers are considered to have agreed to testing by driving on public roads. Refusal does not prevent an arrest and may result in additional consequences separate from the criminal case.

Myth Six: DUI Arrests Are Always Based on Clear Evidence

Many people assume DUI arrests only happen when evidence is undeniable. In practice, DUI cases often rely on subjective observations, such as an officer’s interpretation of behavior or physical appearance. Factors like fatigue, stress, or medical conditions can sometimes be mistaken for impairment.

This subjectivity is one reason DUI cases can be complex and why misunderstandings about arrests are so common.

Myth Seven: DUI Only Affects You for a Short Time

Some drivers believe that once a DUI case is resolved, its impact ends quickly. In reality, the effects can last for years. A DUI can remain on a driving record, influence future traffic stops, and affect insurance premiums long after the case is closed.

The long-term nature of these consequences makes it important to understand DUI laws before assuming the issue will simply go away.

Atty. Joel Chorny - Criminal Justice Attorney in Tucson, Arizona
Atty. Joel Chorny
Tucson Criminal Defense Lawyer

Experienced in DUI, domestic violence, drug charges, and serious felonies, Joel Chorny provides aggressive legal defense to protect your rights. Available 24/7, he fights for the best outcome in every case. Contact today for a strong defense.

Attorney Joel Chorny Criminal Defense
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