True or False: DUI Edition

 Posted on August 09,2024 in DUI

• You must submit to a preliminary breath test. FALSE

You do not need to submit to a preliminary breath test. The State cannot use that number in court against you as it does not meet the statutory requirements to be admitted in court. However, the officers can use it to say it was positive for the presence of alcohol. And, if you blow a .15 or higher, the police can impound your vehicle for 20 days.

It is important to note that the preliminary breath test is small and handheld. There is a larger breath test machine called an Intoxilyzer used by some departments that can be used in court and that is different than a preliminary breath test. That test is governed by different rules.

• A police officer can draw your blood. TRUE

In Arizona, some officers attend training to become qualified phlebotomists meaning they are legally allowed to draw your blood. Some agencies, like the Pima County Sherriff’s Department will draw your blood right there on the side of the road other agencies may transport you to a station like, Arizona Department of Public Safety does. The officers must attend trainings to keep up their qualifications. Here at the Behan Law Group, we have successfully fought for DUI charges to be dismissed when the officer had missed several of these required trainings.

• You must be placed in handcuffs to be arrested. FALSE

Even if you are not placed in handcuffs, you can still be placed under arrest. We see this a lot with the Tucson Police Department. As the Tucson Police Department does their entire investigation roadside, the officers will often not place anyone in handcuffs or ever put them in the police car. However, this can still be a DUI arrest.

• You must be driving to get a DUI in Arizona. FALSE

Arizona’s DUI laws do not require that you be driving the car to get a DUI. The law requires either driving or actual physical control. Actual Physical Control is determined by looking at several factors, including whether the car is one, where the keys are, if the person is in the driver’s seat. Even if you are parked and not driving, you may still be charged with a DUI.

There are a lot of misconceptions when it comes to DUIs, and it is important to have an attorney who understands the law and is there to answer your questions. Contact The Behan Law Group today at 520-220-5047.