Executive Summary
- In Arizona, if your blood or breath show an alcohol concentration of 0.08 or higher while driving, you could be charged with a class 1 misdemeanor that can result in a jail sentence of up to 6 months and a fine of up to $2,500.
- An officer will usually pull over a driver who appears to be driving under the influence of alcohol and ask for their license, proof of insurance, and registration before making a DUI arrest.
- After being pulled over, you may be asked to participate in a field sobriety test (FST) or a preliminary breathalyzer test (PBT). Refusing both the FST and PBT leads to arrest, although that does not mean you are directly convicted of a DUI.
- After being arrested, implied consent laws may force you to take a chemical test; otherwise, you can face serious punishments like a license suspension for 12 months or two years for repeat refusals, regardless of your DUI conviction.
Understanding What Happens During a DUI Arrest
In 2018, Arizona police officers conducted over a million traffic stops and arrested 27,653 people for driving under the influence (DUI). With such a high prevalence, it is vital to understand what happens when you get arrested for a DUI.
If your blood, breath, or other bodily substance displays an alcohol concentration of 0.08 or more while operating a vehicle, you may be found guilty of a class 1 misdemeanor in Arizona. Therefore, a DUI arrest can result in a jail sentence of up to 6 months and a fine of up to $2,500. Certain aggravating factors, like DUI-induced vehicular manslaughter, can result in worsened charges.
Consulting a qualified criminal defense attorney is an excellent way to learn more about the Arizona DUI process. They can explain how legal proceedings may work and the potential consequences you can face. If you have been arrested, find a trustworthy DUI lawyer to increase your chances of attaining the best possible outcome.
Immediate Consequences of a DUI Arrest
ARS 28-1381 declares that it is illegal for someone to operate or have physical control of a vehicle while intoxicated by liquor, drugs, or any vapor-releasing substance. Violators of this statute are at risk of being arrested and facing legal consequences.
It Starts With Suspicion
Typically, a DUI arrest begins after a driver is pulled over for suspicion of driving under the influence, after which the officer will ask them for their license, proof of insurance, and vehicle registration. Even if you are nervous at this point, attempt to hold your composure, as the officer will likely closely observe how you obtain these items to check your sobriety.
What Will the Officer Look for?
After an officer pulls over a driver for suspicion of driving under the influence, they will look for signs of intoxication. Some examples of bodily indications of intoxication are:
- Bloodshot eyes
- Odors of alcohol
- Slurred speech
- Watery eyes
If the officer detects the above signs, they will likely ask if you have been drinking. Regardless of what you answer, it is a good idea to omit any information that is not required.
Chances are, the officer will ask you to step out of the car if they suspect that you are intoxicated. Try to keep your composure as you step out of the vehicle, as the officer will observe whether or not you have trouble doing so.
Initial Sobriety Tests
Once you are out of your vehicle, you may be asked to complete one or more initial sobriety tests. The Fifth Amendment to the United States Constitution, which shields people from self-incrimination, allows you to decline these tests. However, your refusal may be used against you in court, and you may still be arrested.
Field Sobriety Test (FST)
If you are asked to complete an FST, it is highly recommended that you refuse, as even sober drivers may have trouble completing this test. Additionally, a prosecutor can use your FST performance in their case against you.
Preliminary Breathalyzer Test (PBT)
Alternatively, you may be asked to complete a PBT to register your blood alcohol content (BAC). The results of a preliminary breathalyzer test cannot be used against you in a court of law. However, it can be used to justify your arrest.
Refusing a Test
If you refuse both the FST and PBT, you will likely be arrested and taken into custody, but this does not mean that you are guaranteed to be convicted of a DUI. Once arrested, implied consent laws of ARS 28-1321 may force you to submit to a chemical test or face serious consequences, like a license suspension that can last twelve months or two years for a subsequent refusal within 84 months, regardless of if you are convicted of a DUI.
Being Arrested
If arrested, the officer may handcuff your hands behind your back before asking you to sit in the back seat of their vehicle. Sometimes, this is done to ensure that you do not try and force yourself to vomit before taking the official breathalyzer or blood test that will be more strictly imposed once you reach the precinct or mobile DUI van.
Processing
The officer will likely begin asking you questions after you are taken to either a precinct or a mobile DUI van. You can choose to remain silent per the 5th Amendment. You should ask to speak with an experienced attorney to receive advocacy and guidance to help you make informed decisions.
Until you have legal representation present, it is recommended that you omit any information that you are not obligated to give. After giving the officer your driver’s license, registration, and insurance, you are not required to release any additional information.
Official Testing
At this point, you will likely be administered an official breathalyzer or blood test. Unlike the preliminary breathalyzer test, the results of these tests can be used as evidence against you in court.
As stated by ARS 28-1321, if a test shows that your blood or breath alcohol concentration is 0.08 or higher, 0.04 or higher for commercial drivers, or if any illegal drug or its metabolite is found in the body without a valid prescription, your driver’s license will be suspended for at least 90 days.
Booking or Release
After you have submitted to a breathalyzer or blood test within the DUI processing site, you will typically be allowed to be released. In this scenario, you can have a sober friend, family member, or a ride service pick you up.
However, if certain circumstances apply, such as an outstanding warrant for your arrest, aggravating conduct with the police officer, or failure to provide identification, you may be booked into jail.
Legal Process Following a DUI Arrest In Arizona
The legal process that comes after a DUI arrest can look different for everyone depending on the municipality they were arrested in, whether there were compounding charges atop the DUI, and the court’s availability. Having a talented criminal defense lawyer walking you through each step can help you achieve the best possible outcome.
Initial Court Appearance
After a DUI arrest, the defendant must make an initial court appearance or arraignment, usually scheduled within 30 days of the incident. During this arraignment, the offender is formally charged and pleads guilty, not guilty, or no contest.
If you have been booked for aggravated factors or other reasons, you may have to meet with the judge before your arraignment to address bail and release conditions.
Pre-Trial Motions and Hearings
Before the official trial, both sides may file motions to challenge evidence, suppress statements, or dismiss charges. For example, you and your lawyer may submit a motion that challenges the traffic stop’s legality or the breathalyzer test’s accuracy.
You may have to attend pre-trial hearings that address the submitted motions and any preliminary matters. During these hearings, the court may address procedural concerns and decide what evidence will be admissible during trial.
Trial Process
Most DUI cases are settled before going to trial. However, if your case does go to trial, the prosecution must prove the DUI charges beyond a reasonable doubt per ARS 13-2707. The trial may involve the presentation of evidence, witness testimonies, and cross-examinations.
Potential Trial Outcomes
Some examples of outcomes that can arise from a DUI-related trial in Arizona are:
- Dismissal of charges
- A verdict of not guilty
- Conviction
If convicted, penalties may range from fines and probation to jail time, depending on the severity and prior record.
Potential Penalties for DUI in Arizona
ARS 28-1381 defines a DUI as a class 1 misdemeanor. So, if you are convicted of the crime, you may have to serve a jail sentence ranging from 30 days to 6 months and be forced to pay a fine of up to $2,500 per ARS 13-707.
In addition to jail time and financial penalties, some other consequences you may face after conviction include:
- Having to report to a probation officer
- Performing community restitution
- Attending alcohol education or addiction treatment programs
- Participating in community service
- Long-term restrictions on driving privileges
- Equipping your car with an ignition interlock device that prevents the vehicle from starting until you pass its breathalyzer test
Having a well-educated criminal defense attorney advocating for you in court can lead to as fair sentencing as possible.
Aggravating Factors and Enhanced Penalties
Penalties can be enhanced based on the context of your crime and any aggravating factors. For example, the Arizona Department of Transportation (ADOT) classifies DUIs with an alcohol concentration of 0.15 or higher as extreme DUIs, which can result in more jail time and fines than the court may have ordered for a regular first-offense DUI.
Some other factors that can lead to worsened penalties are:
- DUI with minors in the vehicle
- Repeat DUI offenses
- DUI leading to aggravated assault
- DUI leading to vehicular manslaughter
If the factors mentioned above apply to your situation, you may face enhanced penalties for your DUI in comparison to someone who was convicted of a standard DUI for the first time.
Common Defense Strategies for DUI Charges
Each DUI case is different and may require a unique approach. Nevertheless, some examples of common defense strategies used to combat DUI charges are:
- Improperly pulled over – Contesting the legality of the traffic stop that led to the arrest by arguing that there was no reasonable suspicion or probable cause.
- Inaccurate field sobriety tests – Challenging the conduct and subjective interpretation of field sobriety tests.
- Faulty breathalyzer test – Claiming the breathalyzer used during the test was not properly calibrated or used, leading to incorrect results.
- Medical conditions – Providing medical backing to prove that certain conditions or medications might have led to false positives on sobriety tests.
- Infringed rights – Arguing that the defendant’s rights were violated during the arrest or testing procedure.
- Alternative reasons for behavior – Offering different rationale for behaviors that officers interpreted as signs of intoxication, such as fatigue or anxiety.
You and your attorney should review the details of your case together to craft a robust, honest defense tailored to your specific situation.
Importance of Hiring a Lawyer
Having high-quality legal representation during a DUI case can offer significant benefits, including expert guidance that can help you craft a well-structured defense. An attorney can also help you navigate the complex legal process of DUI cases, helping you file motions and prepare for hearings.
It is important to pick a talented attorney who has experience building a strong defense for people accused of driving while intoxicated. A dependable lawyer should be able to challenge evidence, identify weaknesses in the prosecution’s case, and negotiate with prosecutors to potentially reduce charges or penalties.
How to Find the Right DUI Lawyer
Some tips to help you find a suitable DUI lawyer in Arizona are:
- Check the lawyers’ online reviews.
- Seek recommendations from others in similar situations.
- Schedule consultations to see if it is a proper fit.
While talking to a prospective attorney, evaluate their expertise, communication skills, and approach to your case. Doing so can help you receive knowledge-backed representation and support throughout the legal process.
Get Experienced DUI Representation With JacksonWhite Law
After an officer pulls you over for a suspected DUI, you will likely be asked to perform an FST or PBT to determine your intoxication level. If you refuse both these tests, you will likely be arrested. A chemical test may be required at the official testing site, or you will be subjected to penalties like a license suspension, regardless of whether you are convicted of a DUI.
What happens when you get arrested for DUI can be a complex process filled with pre-trial motions and several court hearings. If you have a qualified criminal defense attorney on your side, it can be easier to craft a defense, such as arguing that you were improperly pulled over.
If you have been through a DUI arrest in the greater Phoenix area, the criminal defense lawyers at JacksonWhite Law can fight to help you achieve the best outcome possible. Our talented attorneys have substantial experience working through the Arizona DUI process and providing top-of-the-line legal guidance.
Call the JacksonWhite Criminal Law team at (480) 467-4370 for a free case review to learn how we can help you through your unique DUI situation.
