The WM Phoenix Open, famous for its vibrant atmosphere and energetic crowds, recently spiraled out of control, where the number of arrests increased substantially. With a significant increase in calls for service, arrests, ejections, and trespassing reports, the event highlighted the fine line between cheerful fun and breaking the law.
You may have wondered if it's possible to be charged with a DUI if you were not driving at the moment an officer approached you. While it may seem surprising, you could face criminal charges even if you weren't driving your vehicle while intoxicated in Arizona. This concept, often referred to as "DUI" or "actual physical control," can apply in various situations.
You can legally say no to DUI tests like breathalyzers or blood tests in Arizona. This right comes from the US Constitution, which protects you from having to provide evidence against yourself. Courts have agreed that these DUI tests are a type of search, so an officer usually needs a warrant to make you take one of these tests. But there's a catch. If a police officer doesn't have a warrant, they might ask you nicely for permission to do the test anyway. If you say yes, then they don't need a warrant.
Have you ever powered through a head cold with a fistful of decongestants only to question whether or not you should be driving? You're not alone. It's a common question to ask: "Can I get a DUI while on cold medicine or antibiotics in Arizona?" The answer is "Yes." Driving under the influence (DUI) extends far beyond alcohol. Any substance that impairs your judgment or reflexes can land you a DUI in Arizona. This includes seemingly harmless over-the-counter meds and prescription antibiotics.
You might assume that to be arrested for a DUI in Arizona, you must be under the influence of alcohol. However, this is not the case. The reality is more complicated and deserves a better understanding of Arizona's DUI laws. It's important for anyone who lives in or plans on visiting Arizona to understand the legal circumstances under which someone might face DUI charges without having consumed alcohol.