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Common Myths About DUI in Arizona

Getting a DUI in Arizona is not just a “simple” matter of paying a fine and losing your license for a period of time.  Arizona laws are some of the strictest in the nation, and even being charged with DUI can cost you a significant amount of money and time, whether you are convicted or not.  If you are convicted, you can count on a myriad of negative consequences.  Therefore, it is important to defend yourself from the very first.  Alex Lane is a DUI defense attorney in Phoenix who will help you protect yourself from the consequences of a DUI charge.

Common Myths:  What’s True and What’s Not?

There are several inaccuracies floating around about Arizona DUI charges which should be corrected.  Many people have found out too late that they received bad advice from friends regarding their DUI charges.  Here are some common myths about Arizona DUI and the facts about each statement.

“You cannot be charged with DUI if your blood alcohol is under .08 percent.” 

This is probably the most pervasive and damaging myth in existence about DUI in Arizona and elsewhere.  It springs from a misunderstanding of what the .08 percent BAC signifies from a legal standpoint.

The .08 percent BAC level was instituted as an arbitrary level for determining per se intoxication.  This means that when a person has a BAC of .08 or more, a judge or a jury is permitted to assume that the person was intoxicated without a lot of additional proof.  However, officers testify every day in court in order to convict someone who has a BAC of less than .08 percent.  Arizona law allows a driver to be charged if he or she is impaired “to the slightest degree” whether the BAC reaches .08 or not.

Furthermore, there are other groups for whom the .08 percent BAC does not apply such as commercial drivers and teens.

“You will not go to jail if you are arrested for a first-time DUI.”

This statement is patently false.  Depending on your level of intoxication, a judge may be required to send you to jail for a certain amount of time, even for a first-time DUI.

“You will not lose your license if you have a job.”

Your license will be suspended for a certain amount of time no matter what.  However, judges will often give provisional license permission if you are working or going to school.  In many cases, you may also be required to install an ignition interlock device.

Contact Alex Lane today to learn about ways to fight your DUI charge and avoid many of these consequences.




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If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.