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Most people know that it's illegal to drink and drive, that underage drinking is illegal, and drugs and drug trafficking is against the law. While you may have a basic understanding of these concepts, many myths are floating around about DUI, BAC, Alcohol, and Drugs in Arizona and the rest of the United States. These are just a few of the common misconceptions people have.

Myth #1 — I Can't Be Arrested for Drunk Driving if My BAC is Below the Legal Limit

Blood alcohol concentration (BAC) is essentially the amount of alcohol you have in your bloodstream. If you are drinking alcoholic beverages of any kind, the walls of your digestive will absorb the alcohol and bring it into your bloodstream. Once the alcohol is in your bloodstream, it will travel through your veins up to your brain. When it reaches your brain, you start showing signs of impairment.

Many people think it's legal to drink and drive as long as your BAC is under the legal limit, which in Arizona is 0.08%. But that is not the case. In Arizona, you can be charged with driving under the influence (DUI) even if your blood alcohol content is below 0.08%. While a BAC at 0.08% or above is considered over the legal limit, you can still be charged with a DUI if you are driving a motor vehicle and are "impaired to the slightest degree". If law enforcement officers can collect evidence that can prove beyond a reasonable doubt that you were impaired in any way, you can be convicted of DUI regardless of your BAC.

It's not just drunk drivers who can be arrested for DUI. You can also be charged with DUI for driving under the influence of drugs, or a combination of drugs and alcohol. This includes both illegal and prescription drugs. If your BAC is below the legal limit, but you also took drugs that, combined with the alcohol, impaired your driving, you can be arrested for DUI.

Myth #2 — My BAC Won't Be Too High to Drive if I Only Have One or Two Drinks.

While your BAC does increase based on the number of drinks you have, it is also affected by a variety of other factors such as:

• Your gender
• Your weight
• How fast you drink
• Medications you are on
• Health issues
• The amount of food in your stomach.

The truth is that everyone's body metabolizes alcohol differently. If you and your friend consumed the same amount of alcohol, one of you could have a BAC below the legal limit while the other's BAC could be well above. Each person is different, so you can't assume you can legally drive because you've been "taking it easy".

Myth #3 — I Have to Submit to Field Sobriety Tests

When police officers suspect that you are driving under the influence of drugs or alcohol, they can ask you to participate in what are called field sobriety tests, which are designed to test you for signs of impairment. Three standard field sobriety tests are endorsed by the National Highway Traffic Safety Administration (NHTSA).

1. Horizontal gaze nystagmus (HGN)

During the HGN test, you must follow an object using only your eyes so the officer can watch for eye movements that are considered a classic indication of impairment.

2. Walk-and-turn (WAT)

In the WAT test, you must walk heel-to-toe for nine steps, turn around, and then return to where you started. The WAT test is meant to gauge your capacity for following instructions, maintaining your balance, and walking in a straight line.

3. One-leg stand (OLS)

In the OLS test, you must stand on one leg for 30 seconds to measure your balance and coordination.

While many people think that you are required to take field sobriety tests if the police ask you to, you actually can legally refuse to participate.

Myth #4 — I Can't Be Arrested on Marijuana or DUI Charges if I Have a Medical Marijuana Card

Contrary to popular belief, a medical marijuana card does not get you off the hook for marijuana charges. Even with a valid medical marijuana card, you cannot possess 2.5 ounces or more of marijuana, and if you do, you can be charged with criminal possession of marijuana. So for example, if you had a medical marijuana card, but you had 3 ounces in your possession, you could be charged with illegal possessing 0.5 ounces of marijuana.

A medical marijuana card also does not mean you can legally buy marijuana from any source. In Arizona, medical marijuana must be obtained from a state-licensed dispensary, or it is still considered illegal. If you buy marijuana from an unlicensed source, your medical marijuana card cannot protect you from criminal charges. Your medical marijuana card only allows you to possess an approved amount of marijuana from an approved source. Any deviations from these requirements can result in criminal charges.

Instead of purchasing from a dispensary, Arizona medical marijuana cardholders may also grow their own marijuana plants in certain circumstances. To be allowed to grow medical marijuana for your personal use, your home must be at least 25 miles away from the nearest state-licensed dispensary.

Arizona law also places strict regulations on the way medical marijuana can be grown, the way it must be stored, and the amount of marijuana permitted. The legislature has limited cardholders to growing 12 marijuana plants at once and has required that growers store the plants in enclosed and locked facilities. If cardholders fail to comply with these rules, they could be charged with serious criminal offenses, even though they possess valid medical marijuana cards.

Finally, you can still be arrested for DUI if you have a medical marijuana card. Your medical marijuana card allows you to use marijuana, but it does not allow you to drive while under the influence of marijuana. Drivers who are impaired to the slightest degree due to medical marijuana use can be charged with DUI.

Myth #5 — Marijuana Possession Charges are No Big Deal

A lot of people think that marijuana possession is a minor offense that won't affect their future. This is unfortunately incorrect. In Arizona, first-time offenders arrested for simple marijuana possession can be charged with either a Class 6 Felony or a Class 1 Misdemeanor. It's up to the prosecutor or the judge to decide which class of charge is appropriate. However, even a misdemeanor conviction on your record can have serious collateral consequences that can severely restrict your options in life, such as future employment or educational opportunities. A felony conviction will have an even bigger impact on the choices that are available to you.

A Criminal Defense Attorney Can Help

While it's important to debunk the myths surrounding DUI, BAC, alcohol, and drugs in Arizona, this information won't help you if you've already been arrested. If you have been charged with a crime such as DUI, Extreme DUI, or Possession of Marijuana, a defense attorney can review your case and develop a strategy to minimize the consequences of your arrest and achieve the best outcome possible.