Arizona DUI Myth: It is illegal to have one drink

The average citizen of Arizona is given the information contained in the article below. The information is false for most people.

We are constantly told that you can be arrested (and presumably convicted) for having one drink and then driving.

While this is theoretically true, the reality is that a jury instruction, commonly referred to as the "presumptions instruction" lets jurors know that they can presume a person completely sober if they are under .05. For all but the extremely light of body weight, it takes more than one standard drink to get there.

Quoted from http://www.paysonroundup.com/news/2008/sep/26/getting_arrested_dui_costly/:

Arizona statute 28-1381 A1 bars driving under the influence to the slightest degree, including being under the limit. Meaning you could have one drink, drive and be arrested.

For example, a person can be pulled over for expired tags and if an officer smells alcohol on their breath can arrest them based on probable cause they are under the influence.

Despite the fact that the one drink equals guilty is a myth, my recommendation is to never drive any motor vehicle after consuming anything to drink. I see every day the high cost paid by those who drink and drive. In Arizona, it's simply not worth it.