Few people are unaware that it is against the law to drive while under the influence of drugs or alcohol. Almost everyone knows that it is against the law to smoke pot and drive. It is universal knowledge that someone cannot drive if their blood alcohol content (BAC) is 0.08 or above. However, there are many things that people do not know about Arizona’s DUI laws. If a person does not know or misunderstands one of these laws, the person could receive a DUI charge. That charge can carry serious and lasting consequences. To best protect against facing a DUI charge, distilling DUI myths from facts is extremely important. Below are several Myths and Facts around DUIs.

DUI Myths v. Facts.

Myth: If your BAC is .08% or lower you cannot receive a DUI.

Fact: In any DUI case, if you have a BAC level of 0.08 or lower, then A.R.S. § 28-1381(A)(1) permits the court to still assign you a DUI violation. This is because A.R.S. § 28-1381(A)(1) forbids any person from driving if they are impaired to the slightest degree. To succeed on a DUI charge for being impaired to the slightest degree, the state must prove two things:

1. The defendant was under the influence of alcohol or a drug; and
2. The defendant was impaired to the slightest degree by reason of the alcohol or drug.

This is determined by a jury, who receives no instruction on what impaired to the slightest degree means or looks like. All the jury may rely on is the evidence presented at trial. That evidence will likely include the defendant’s driving habits, presence of a collision, field sobriety test performance, and the results from any blood drawn from the defendant. How law enforcement first suspected the defendant may also provide the jury with incriminating evidence. Most of the time, law enforcement begins a DUI investigation after noticing someone swerving between lanes, speeding, running a red light, making a wide turn, or failing to appropriately control their vehicle. These infractions will give rise to a suspicion that the defendant is impaired and the officer will then make a stop.

During that stop, a DUI investigation will be conducted. The investigation entails field sobriety tests. Commonly, these tests include the Horizontal Gaze Nystagmus, the Walk and Turn, One Leg Stand, and others. The tests are used to assess whether the individual has enough autonomous control of his muscles and functions to multitask without losing balance. These tests, as well as the traffic infractions that led to the stop will all be used to persuade the jury that the defendant was impaired. Because of the ample amount of evidence that the state will have, and the low threshold of “to the slightest degree,” this charge is extraordinarily problematic to overcome. If proven that you were impaired to the slightest degree, the state will now possess the lynchpin to its DUI with injury charge against you.

Myth: If you are not in your car, you cannot get a DUI.

Fact: Many people believe that if you are not in a vehicle then its impossible to receive a DUI. The thinking is that once a person is no longer driving the vehicle, then that person cannot be “drinking and driving.” However, this is far from the truth. A DUI conviction rests on whether the accused person had “actual physical control” of the vehicle. Actual physical control is shown through factors such as:

• Whether the ignition was on;
• Where the key was located;
• What position the driver was found in the vehicle;
• Were the headlights on; and
• Time of day and weather conditions.

After State v. Love, officers and courts must consider the driver’s behavior and circumstances of the stop before using the actual physical control rule. These considerations include:

• Driver’s reason for pulling over;
• Location of the vehicle; and
• Whether the engine was running;

If it is shown that you had actual physical control or were imminently going to control the vehicle then you can still receive a DUI. Say you are pumping gas into your car and an officer approaches you. After a conversation with you, that officer believes you are too intoxicated to drive. He can arrest you for a DUI. He knows and can easily prove that you had actual physical control as well as imminent control of that car.

Myth: You must perform the officer’s field sobriety tests.

Fact: Officers suspecting a person has been driving under the influence will pressure or hold an arrest over the person’s head if she does not perform a Field Sobriety Test (FSTs). While the officer’s threat of arrest is certainly tough to ignore, a person has the right to refuse to participate. And should.

By the time an officer has begun asking for an FST, he already suspects intoxication. So why help the officer prove it? Any misstep, mispronunciation, or imperfection in performance will be used to prove that you are in fact intoxicated. It does not matter if you are stone-cold sober, the tests are extremely difficult. Not only are the FSTs difficult, if you somehow ace a test it will not set you free. FSTs are only designed to prove your guilt. The National Highway Traffic Safety Administration (NHTSA) FST manual does not provide any test that if passed will prove sobriety. Instead, the reward for passing a test is more tests. The tests only stop when you fail and the officer has enough evidence to secure a conviction against you. Therefore, it is a mistake to engage in any FSTs.

When dealing with refusing a test, an important distinction to make is the difference between an FST and a blood draw or breathalyzer test done at the station. While you may refuse to perform an FST with no legal consequence, refusing to allow a blood draw or perform a breathalyzer can be costly. Currently, if you refuse to allow a blood draw or breathalyzer test, you could lose your license for up to a year. Consequently, it is important to understand exactly what the officer is requesting of you. You do have the right to speak with an attorney before engaging in a blood draw or breathalyzer test and it is highly recommended you do so. Therefore, it is important that you speak with an attorney who is knowledgeable about the pros and cons of refusing any test.

Let Us Help

A DUI charge can result in a very serious felony conviction with lasting consequences, even including a sentence of incarceration. Fighting a DUI charge requires a team of highly experienced DUI crime lawyers to ensure you receive the best results possible. Let Chandler Criminal Lawyer’s criminal defense lawyers and their knowledge of Arizona’s DUI laws guide you through the process. The legal battle ahead will be marked by strong representation and diligence.