{"id":10290,"date":"2024-09-06T15:47:15","date_gmt":"2024-09-06T22:47:15","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=10290"},"modified":"2024-09-20T10:11:52","modified_gmt":"2024-09-20T17:11:52","slug":"arizona-dui-arrests","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/arizona-dui-arrests\/","title":{"rendered":"What Happens if You Get Arrested for DUI in Arizona?"},"content":{"rendered":"
In 2018, Arizona police officers conducted over a million traffic stops and\u00a0arrested 27,653 people<\/a>\u00a0for driving under the influence (DUI). With such a high prevalence, it is vital to understand what happens when you get arrested for a DUI.<\/p>\n 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.<\/p>\n 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\u00a0trustworthy DUI lawyer<\/a>\u00a0to increase your chances of attaining the best possible outcome.<\/p>\n ARS 28-1381<\/a>\u00a0declares that\u00a0it is illegal for someone to operate or have physical control of a vehicle while intoxicated by liquor, drugs, or any vapor-releasing substance<\/strong>. Violators of this statute are at risk of being arrested and facing legal consequences.<\/p>\n 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.<\/p>\n 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:<\/p>\n 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\u00a0omit any information that is not required<\/strong>.<\/p>\n 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.<\/p>\n Once you are out of your vehicle, you may be asked to complete one or more initial sobriety tests. The\u00a0Fifth Amendment<\/a>\u00a0to 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.<\/p>\n 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,\u00a0a prosecutor can use your FST performance in their case against you<\/strong>.<\/p>\n Alternatively, you may be asked to complete a PBT to register your blood alcohol content (BAC).\u00a0The results of a preliminary breathalyzer test cannot be used against you in a court of law.\u00a0<\/strong>However, it can be used to justify your arrest.<\/p>\n If you refuse both the FST and PBT, you will likely be arrested and taken into custody<\/strong>, but this does not mean that you are guaranteed to be convicted of a DUI. Once arrested, implied consent laws of\u00a0ARS 28-1321<\/a>\u00a0may force you to submit to a chemical test or face serious consequences, like a\u00a0license suspension<\/strong>\u00a0that can last twelve months or two years for a subsequent refusal within 84 months, regardless of if you are convicted of a DUI.<\/p>\n If arrested, the officer may\u00a0handcuff your hands<\/strong>\u00a0behind your back before asking you to\u00a0sit in the back seat of their vehicle<\/strong>. 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.<\/p>\n 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.\u00a0You should ask to speak with an experienced attorney<\/strong>\u00a0to receive advocacy and guidance to help you make informed decisions.<\/p>\n 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\u2019s license, registration, and insurance, you are not required to release any additional information.<\/p>\n At this point, you will likely be administered an official breathalyzer or blood test. Unlike the preliminary breathalyzer test,\u00a0the results of these tests can be used as evidence against you in court.<\/strong><\/p>\n As stated by\u00a0ARS 28-1321<\/a>, 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,\u00a0your driver\u2019s license will be suspended for at least 90 days<\/strong>.<\/p>\n After you have submitted to a breathalyzer or blood test within the DUI processing site,\u00a0you will typically be allowed to be released<\/strong>. In this scenario, you can have a sober friend, family member, or a ride service pick you up.<\/p>\n 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.<\/p>\n 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\u2019s availability. Having a talented\u00a0criminal defense lawyer<\/a>\u00a0walking you through each step can help you achieve the best possible outcome.<\/p>\n 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\u00a0guilty, not guilty, or no contest<\/strong>.<\/p>\n 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.<\/p>\n Before the official trial, both sides may file motions to\u00a0challenge evidence, suppress statements, or dismiss charges<\/strong>. For example, you and your lawyer may submit a motion that challenges the traffic stop’s legality or the breathalyzer test’s accuracy.<\/p>\n You may have to\u00a0attend pre-trial hearings that address the submitted motions<\/strong>\u00a0and any preliminary matters. During these hearings, the court may address procedural concerns and decide what evidence will be admissible during trial.<\/p>\n 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\u00a0ARS 13-2707<\/a>. The trial may involve the presentation of evidence, witness testimonies, and cross-examinations.<\/p>\n Some examples of outcomes that can arise from a DUI-related trial in Arizona are:<\/p>\n If convicted, penalties may range from fines and probation to jail time, depending on the severity and prior record.<\/p>\n ARS 28-1381<\/a>\u00a0defines a DUI as a\u00a0class 1 misdemeanor<\/strong>. So, if you are convicted of the crime, you may have to serve a\u00a0jail sentence ranging from 30 days to 6 months<\/strong>\u00a0and be forced to pay a\u00a0fine of up to $2,500<\/strong>\u00a0per\u00a0ARS 13-707<\/a>.<\/p>\n In addition to jail time and financial penalties, some other consequences you may face after conviction include:<\/p>\n Having a well-educated criminal defense attorney advocating for you in court can lead to as fair sentencing as possible.<\/p>\n Penalties can be enhanced based on the context of your crime and any aggravating factors. For example, the\u00a0Arizona Department of Transportation<\/a>\u00a0(ADOT) classifies DUIs with an alcohol concentration of 0.15 or higher as extreme DUIs<\/a>, which can result in more jail time and fines than the court may have ordered for a regular first-offense DUI.<\/p>\n Some other factors that can lead to worsened penalties are:<\/p>\n 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<\/a>.<\/p>\n Each DUI case is different and may require a unique approach. Nevertheless, some examples of common defense strategies used to combat DUI charges are:<\/p>\n You and your attorney should review the details of your case together to craft a robust, honest defense tailored to your specific situation.<\/p>\n 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.<\/p>\n 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.<\/p>\n Some tips to help you find a suitable DUI lawyer in Arizona are:<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\nImmediate Consequences of a DUI Arrest<\/h2>\n
It Starts With Suspicion<\/h3>\n
What Will the Officer Look for?<\/h4>\n
\n
Initial Sobriety Tests<\/h3>\n
Field Sobriety Test (FST)<\/h4>\n
Preliminary Breathalyzer Test (PBT)<\/h4>\n
Refusing a Test<\/h4>\n
Being Arrested<\/h3>\n
Processing<\/h3>\n
Official Testing<\/h3>\n
Booking or Release<\/h3>\n
Legal Process Following a DUI Arrest In Arizona<\/h2>\n
Initial Court Appearance<\/h3>\n
Pre-Trial Motions and Hearings<\/h3>\n
Trial Process<\/h3>\n
Potential Trial Outcomes<\/h4>\n
\n
Potential Penalties for DUI in Arizona<\/h2>\n
\n
Aggravating Factors and Enhanced Penalties<\/h2>\n
\n
Common Defense Strategies for DUI Charges<\/h2>\n
\n
Importance of Hiring a Lawyer<\/h2>\n
How to Find the Right DUI Lawyer<\/h3>\n
\n
Get Experienced DUI Representation With JacksonWhite Law<\/h2>\n