Surrendering the keys after drinking alcohol is the best way to avoid a conviction. However, motorists may face drunk driving charges after leaving a party and being pulled over by police. Drivers should undertake precautions to help protect against a conviction.
The legal limit for drunk driving is .08 percent blood alcohol content, but charges may be filed in Arizona if a person’s driving ability is impaired in any way. Impairment differs for each driver based on their size, gender and other factors.
Motorists should always stay in their car unless a police officer asks them to step out. Leave the seat belt on until asked to leave the vehicle. Politeness is always essential. Making jokes, apologizing or confessing is always unwise. Police will ask for a driver’s license and registration. Fumbling around for these documents indicates intoxication and will be placed in the police report.
Under the state’s implied consent law, drivers agree to take these tests as a condition for receiving a driver’s license. A license will be suspended for at least one year for a refusal. Results over .08 percent will lead to DUI charges and a license suspension.
Drivers should keep a sample of their test if asked. After the test, they should go to a laboratory or arrange for the performance of their own test. A lower BAC result may be used in their defense.
Motorists should also ask for a hearing with the motor vehicle division within 15 days to fight the loss of their license. Police will give drivers a form with an explanation on requesting the hearing.