5 Must-Know Arizona DUI Facts


The state of Arizona is a desirable tourist destination for people from all around the country and world. In fact, Phoenix is often considered to be a top relocation spot for many people. So, whether you’re traveling there for vacation or relocating, here are five pertinent and relevant questions about Driving under the Influence we’ve seen from a number of different people.

Can you get a DUI if you had a few drinks and you were just sleeping it off in your car?

Sure, you can be convicted of a DUI in Arizona if you’re either impaired or driving OR in “actual physical control” of the vehicle. If you are sleeping in your car, there is a myriad of factors that will be taken into consideration. These include whether or not:

  • the engine and/or parking brake was on or off during the arrest
  • the car was off the main travel road
  • if the car was in neutral
  • the car was in a bus pullout, parking lot or outside of a drive-thru

These are situation-specific instances where lawyers can argue that the intoxicated individual was not in actual physical control of their vehicle.

An intoxicated friend in Arizona caused an accident but was not charged with DWI at the scene. Will he be?

The short answer is yes (most likely). Generally speaking, when an accident occurs, the police wait for the blood results to decide if the person was under the influence of drugs or alcohol at the time of the accident. If so, the police will most likely send it to the County Attorney’s office for felony prosecution.

I was arrested for DUI, but I didn’t get paperwork. Was I not charged?

When you are arrested for a DUI, but the police release you that night without notice of an upcoming court date, that does not mean you will not be charged with the DUI. When police obtain blood instead of breath in DUI cases, they sometimes wait for the blood results before charges are officially filed. Once the blood results come in, you will receive a notice called a summons in the mail, which lets you know that you have been charged and need to appear in court. Scottsdale DUI Lawyers can help you work through this situation.

If I get pulled over, should I answer all the questions I am asked?

If the officers ask questions where answering truthfully would be incriminating, you should always invoke your Right to Remain Silent and say you’d like to speak with an attorney. Because it is difficult for most to know what statements would be incriminating, it’s always safest to ask for an attorney. In Arizona, if you are arrested for a DUI and request to talk to an attorney, the police are bound by law to provide you that opportunity.