2 DUI law facts every driver should know

There is no “legal limit.”
When it comes to DUI laws, Arizona is a “zero tolerance” state. Many people believe the “legal limit” of alcohol allowed to be in one’s system while operating a vehicle is 0.08. This is a common misconception. When determining criminal culpability, the key is not blood alcohol concentration, but instead a driver’s impairment. Zero tolerance means, if you are impaired, even just slightly, you can still be arrested, charged, and convicted of DUI, even if your blood alcohol concentration is less than 0.08.

The 0.08 “legal limit” is relevant in determining whether the trier of fact (the Judge or Jury) may presume a person is impaired or if the prosecutor must present evidence of such. Actual impairment is often a point of contention for defendants as many people “feel okay to drive,” before getting behind the wheel.

Most adults agree that a person is safe to drive if they consume one glass of wine with dinner. However, this is not always the case. Arizona’s zero tolerance policy means one glass, may be one glass too many.

Just say “no, thank you.”
Field Sobriety Tests (“FSTs”) are optional. You absolutely can, and should, say “no” to FSTs. Typically, an officer will pull over an individual for committing a traffic infraction such as speeding or making an improper lane change. Immediately upon making contact, officers will use their extensive DUI training to quickly identify signs and symptoms of impairment and begin an investigation.

Law enforcement officers do not ask for your permission before beginning a DUI investigation. The first and most common FST is the Horizontal Gaze Nystagmus (“HGN”) test. The HGN test will begin by an officer shining a flashlight in your eyes. This is the perfect time to inform the officer that you “will not be performing ANY field sobriety tests.” Another common FST is the Walk-and-Turn test, in this test the officer will ask you to take nine heel-to-toe steps and do an awkward turn. Finally, preliminary breath tests, which are small, wireless, handheld devices used to calculate your breath alcohol concentration, are also optional. None of these tests are mandatory and a law enforcement officer cannot base their decision to arrest you on your refusal to participate. Your license to drive cannot be suspended or revoked for refusal to participate in FSTs.

NOTE: Your license will be suspended for a refusal to consent to a blood and/or breath test after the Admin Per Se Advisory has been read but this only happens after an officer has determined probable cause to place you under arrest.

Attorney Angel A. Raymond is well versed in DUI representation and litigation, if you or someone you know is in need of a criminal defense attorney, call 520-208-2274.

520-208-2274
[email protected]
AARaymondLaw.com

This sponsored content was first published in the November edition of InMaricopa magazine.