There are several common misconceptions about Arizona DUI cases, and relying on these misconceptions can be dangerous if you are facing charges. Avoiding unnecessary consequences requires informed and strategic decision-making—and, if you rely on bad information, you could unknowingly make mistakes that jeopardize your defense.
7 Common Misconceptions About Arizona DUI Cases
With this in mind, what do you need to know if you are facing a DUI in Arizona? Here are seven common misconceptions about Arizona DUI cases and the reality behind them:
1. The Judge Will Go Easy on You if This is Your First Offense
Many people assume that the judge will go easy on them if this is their first offense. Many people also seem to think that the judge is especially likely to go easy on them if they acknowledge their mistakes and promise to do better in the future.
This is not the case.
If your DUI case goes to trial, the judge will listen to the evidence from both sides and then render a decision in accordance with Arizona law (unless you request a jury trial, in which case the jury—not the judge—will decide whether you are guilty). The judge’s role is not to go easy on defendants, but rather to apply the law in such a way that offenders are held accountable and deterred from making the same mistake again. As a result, regardless of the facts of your case, you should not plan to rely on leniency from the judge.
2. Prosecutors Can’t Prove You Are Guilty if You Stay Silent
Another common misconception is that prosecutors can’t prove you are guilty if you stay silent. This misconception seems to be based on the misguided theory that prosecutors need a confession in order to prove guilt beyond a reasonable doubt.
Prosecutors can use numerous types of evidence in DUI cases, and they do not need a confession to secure a guilty verdict in court. Even if you stay silent, if the evidence supports the prosecution’s argument that you were driving under the influence at the time of your arrest, you are at risk of facing a life-altering DUI conviction.
3. There Are Always Ways to Challenge Your BAC
If you look around online, you will find several articles discussing ways to “beat” your DUI charge by challenging your blood alcohol concentration (BAC) reading. Many of these articles make it seem like there are always ways to call your BAC reading into question.
However, this also is not the case. While it is true that there are several potential ways to dispute your BAC reading, there are no guarantees that you will be able to successfully challenge your BAC reading in court. If the police followed all of the requisite procedures during your arrest, if you gave a valid breath sample, and if your BAC reading was properly documented and preserved, there is a good chance that prosecutors will be able to use it against you in court.
4. Challenging Your BAC is Enough to Avoid a DUI Conviction
There is a related misconception that if you can successfully challenge your BAC reading, this alone is enough to avoid a DUI conviction in Arizona. The theory seems to be that if prosecutors can’t prove your BAC, then they can’t prove you were driving under the influence.
However, this theory suffers from a fundamental flaw. It ignores the fact that prosecutors have two ways to secure a DUI conviction under Arizona law. While proving that your BAC was over the legal limit is one way that prosecutors can secure a conviction, prosecutors can also secure a conviction if they can prove that you were “under the influence of intoxicating liquor [or] any drug.” This is not based on your BAC, but rather based on the arresting officer’s subjective interpretation of your impairment level and other factors.
5. If Prosecutors Don’t Have Your BAC, They Can’t Convict You
Another related misconception is that if prosecutors don’t have your BAC, they can’t convict you. This misconception is often accompanied by advice to always refuse the breathalyzer, no matter what.
There are a couple of fundamental issues here as well. First, as we just discussed, prosecutors do not need your BAC to secure a conviction. Second, under Arizona’s “implied consent” law, refusing the breath test can have serious consequences—even if you aren’t guilty of DUI.
6. If You Admitted to Driving Drunk, There is No Reason to Try to Fight
Let’s say you admitted to drinking and driving during your DUI stop. If you confessed to driving under the influence, is it still worth trying to fight your DUI?
If you believe what you read online, you might think the answer is, “No.” However, as we have discussed previously, there are several ways an experienced DUI lawyer will be able to help you even if you were driving drunk. Admitting to drinking and driving is not the end of your case. To the contrary, you still can (and should) fight your DUI by all means available.
7. If You Get Convicted, You Can Just Pay the Fine and Move On
The last common misconception we’ll discuss is that if you get convicted of DUI, you can just pay the fine and move on. While this might hurt your bank account, it ultimately isn’t a big deal.
Once again, this is not the case—especially not in Arizona. Drunk driving charges carry serious penalties under Arizona law, and a conviction can negatively impact your life in many other ways as well. As a result, you need to fight your DUI charge by all means available, and this starts with putting an experienced DUI lawyer on your side.
Discuss Your Case with a Phoenix DUI Lawyer at The Weingart Firm for Free
Are you facing a DUI charge in Arizona? If so, we strongly encourage you to make sure you are relying on accurate information. To discuss your case with an experienced Phoenix DUI lawyer at The Weingart Firm in confidence, call us at 480-897-8737 or request a free consultation online today.
