If you are facing a DUI charge, it usually doesn’t take long for a friend or family member to offer advice. Although well-intentioned, their help is often misguided, inaccurate, and unreliable. Thanks, in large part, to rumors, erroneous information found online, and popular tv shows, defendants all too often appear before a judge uninformed and underrepresented.

Myths and misunderstandings can be costly in a DUI case. Laws surrounding driving under the influence vary by state, and Arizona laws can differ significantly from other areas of the country. Knowing fact from fiction will prepare you with a legal strategy that leaves you prepared and offers the best possible outcome for your case.

Below are the truths regarding some of the most common myths associated with Arizona DUIs, alcohol, and drugs. When you find yourself accused of a DUI, understanding these common misconceptions is critical.

Myth #1: I can only be pulled over for a DUI if I am driving erratically.

FALSE

Police officers regularly stop drivers who appear to be driving just fine. In fact, many people who are charged with a DUI were initially pulled over because they were speeding, forgot to use their turn signal, neglected to stop at a traffic signal properly, had a light out, or made too wide of a turn. In Arizona, law enforcement officers can make an investigative stop if they are certain beyond a reasonable doubt that the person operating the vehicle has broken a regulation or law.

In Arizona, you can be pulled over legitimately for things like:

• Driving dangerously
• Equipment violations
• Using your cell phone
• Following the vehicle in front of you too closely

Myth #2: My DUI case will be stronger if I refuse to take a breath test.

FALSE

In Arizona, it is against the law to refuse a breath test. Doing so is considered "implied consent," and, even if you are ultimately not convicted of a DUI, you can face the consequences for an implied consent violation. If charged, your driving privileges can be suspended for one year. Know that you can challenge any BAC reading's reliability and validity after the fact

Myth #3: I do not drink, so I cannot be charged with a DUI.

FALSE

Non-alcohol DUIs are increasingly more common. Remember, “driving under the influence” includes being under the influence of marijuana, cocaine, meth, and other illegal substances. It also includes driving impaired while under the influence of legally prescribed drugs and medications. A blood alcohol content (BAC) test measures only alcohol, but alcohol is just one of many drugs that can cause driving impairment.

In Arizona, you can also be charged with a Slightest Degree DUI. This type of DUI often surprises offenders, which is all the more reason to understand what “slightest degree” actually means. Because Arizona is a zero-tolerance state, anyone can be arrested for driving under the influence regardless of their BAC level. Arizona Revised Statute ARS 1381.A1 states:

“It is unlawful for a person to drive or be in actual physical control of a vehicle in this state…while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired.”

An arresting police officer, or even someone who may have witnessed impaired driving or behavior, can be used to determine if you are "impaired to the slightest degree." If you exhibit things like delayed motor skills, slurred speech, or have watery or bloodshot eyes, that can be enough to charge you. With a Slightest Degree DUI, your BAC does not need to be 0.08 percent or higher, or, for commercial drivers, 0.04 percent or higher.

Myth #4: My driver’s license is automatically suspended if I am arrested for a DUI.

FALSE

While you may very well face driver's license suspension as a result of being charged with a DUI, it is not necessarily automatic. Furthermore, you can petition to keep your driving privileges if they are taken away. Within 15 days of being arrested, you must submit a request to the Arizona Motor Vehicle Department (MVD). Your request stays the suspension until your hearing date, which means you can continue to drive until that date occurs and a final decision is made.

Myth #5: If I am arrested but cooperate with the authorities, I will get the benefit of the doubt.

FALSE

All police officers are allowed to use a certain amount of discretion when deciding whether to arrest you or send you on your way with a warning or citation. While it is always a good idea to be respectful and polite when you are pulled over by a police officer, behaving well will most often not make a difference in your case. Law enforcement will no doubt appreciate your cooperation, but remember they are just doing their jobs.

A valuable thing to remember if you are pulled over is to be polite, but don’t incriminate yourself. Assume that every question an officer asks you is intended to incriminate you. When alcohol is involved, they will try to get you to admit that you were drinking, that you felt impaired, and that you knew better than to drive after you had been drinking. Remember to be honest, but you also have the constitutional right to remain silent.

Myth #6: If I was not read my Miranda rights when I was arrested for a DUI, I cannot be convicted.

FALSE

Law enforcement officers are not required to read you your Miranda rights immediately. In fact, there are some circumstances in which they don’t have to read them at all. By law, police are only required to read you your rights before they conduct a custodial interrogation. They do not have to read your rights until you are in custody and interrogated. Even if you are not read your rights promptly under those circumstances, it may not positively impact your case at all.

Myth #7– I will be charged with a felony if my BAC is exceptionally high.

FALSE

In Arizona, a first or second offense DUI is a misdemeanor regardless of how high your BAC level was. While a high BAC can affect your fine and fee amounts and jail time, it will not upgrade your misdemeanor charge to a felony.

The state of Arizona classifies driving under the influence into four categories. A Slightest Degree DUI can be charged with any amount of alcohol in your system. A standard DUI occurs when a person’s blood alcohol content (BAC) is measured to be 0.08 percent or higher (0.04 percent or higher for commercial drivers). An Extreme DUI occurs when the BAC level reaches between 0.15 and 0.19 percent, and a Super Extreme is charged when that level becomes 0.20 percent or more.

Any of these types of DUIs may be elevated to the fifth type of DUI, an Aggravated DUI if there are certain “aggravating circumstances.” An Aggravated DUI is a felony, but it is not predicated on your blood alcohol content. “Aggravating circumstances” include things like:

• Driving under the influence with a child in your vehicle
• Driving with a restricted, revoked, canceled, or suspended driver’s license
• Having two or more previous DUIs within the past 84 months (7 years)
• Previously been ordered to have an Ignition Interlock device installed

Myth #8: Now that recreational marijuana is legal in Arizona, I can no longer receive a marijuana DUI.

FALSE

Driving while impaired in Arizona is illegal, including driving while impaired under the influence of marijuana. However, determining the number of metabolites in one's system that defines impairment has been heavily debated. Because there is no consensus or specific impairment level declared by the National Highway Traffic Safety Administration, DUI defendants will have a better case to make.