What to Do if you are suspected of dui in Arizona
Being suspected of driving under the influence (DUI) is a serious situation, and how you respond can significantly impact the outcome. Arizona DUI laws are strict, and understanding your rights and responsibilities is crucial. If you find yourself pulled over under suspicion of DUI, follow these steps to protect yourself.
Understanding DUI Laws in Arizona
In Arizona, a person can be charged with DUI under several circumstances:
- Impairment to the Slightest Degree: Operating, or Actual Physical Control of a vehicle while impaired by alcohol, drugs, or a combination thereof, even if your Blood Alcohol Content (BAC) is below the legal limit.
- BAC is Above Legal Limits:
- A BAC of 0.08% or higher within two hours of driving.
- For commercial drivers, a BAC of 0.04% or higher.
- A BAC of 0.15% or higher is classified as Extreme DUI, and 0.20% or higher as Super Extreme DUI, both carrying more severe penalties.
- Drug-Related DUI: Driving with any illegal drugs in your system, regardless of impairment.
5 Steps to Follow If You Are Pulled Over
1. Pull over safely and cooperate
When an officer signals for you to pull over, do so safely. Being polite and cooperative can help keep the situation under control. Provide your name, driver’s license, registration, and insurance when asked. Also, if the officer asks about a weapon in the vehicle, you must be honest. Being dishonest about a weapon in the vehicle is a misdemeanor crime.
2. Exercise your right to remain silent
After providing your basic information, the officer may ask additional questions such as:
- Have you been drinking tonight?
- Where are you coming from?
- Where are you going?
You are not legally required to answer these questions. My general advice is, “I’m sorry officer, but I need to speak with my lawyer before I answer any of your questions.” This has a great effect on stopping the entire investigation.
3. Refuse field sobriety tests
Field sobriety tests (such as an eye test, walking in a straight line or standing on one leg) are voluntary. Arizona DUI laws do not require you to take these tests and refusing them is not a crime. If asked, you can say, “I am sorry, officer. I’m not going to do these tests. I’d like to call a lawyer.”
4. Know your rights regarding chemical tests
If the officer asks you to take a blood, breath, or urine test, this falls under Arizona’s Admin Per Se law. By obtaining an Arizona driver’s license, you have already given implied consent to chemical testing. However, before agreeing to the test, you should first contact a lawyer.
5. Call a lawyer before making any decisions
Contacting an experienced attorney before agreeing to any tests or providing additional statements is one of the most important steps you can take. Arizona DUI laws are complex, and a legal expert can help you understand your rights and navigate the process.
Penalties for DUI in Arizona
Arizona imposes stringent penalties for DUI offenses which are determined based on if it’s your first offense, second offense or an aggravated DUI. The penalties based on the offense may include:
First Offense:
- Minimum of 10 days in jail (some of which may be suspended).
- Fines and assessments totaling approximately $1,500.
- Mandatory installation of an ignition interlock device (IID) for at least 12 months.
Second Offense:
- Minimum of 90 days in jail.
- Fines and assessments are up to $3,500.
- License revocation for one year.
- Mandatory IID installation upon license reinstatement.
Aggravated DUI (e.g., DUI with a suspended license, a third DUI offense, or DUI with a child under 15 in the vehicle):
- Class 4 felony charges.
- Prison time of up to 2.5 years.
- Extended license revocation.
- Mandatory IID installation.
Note: the above is not the full extent of penalties you could be facing, but the list gives you a high level overview of penalties. You will want to consult with Howard Dworman to understand the full extent of penalties you could be facing.
Why Legal Representation Matters
Given the complexity and severity of Arizona DUI Laws, securing experienced legal representation who will fight for you is essential. An experienced criminal defense attorney can:
- Analyze the specifics of your case to identify potential defenses.
- Challenge the legality of the traffic stop or the administration of tests.
- Negotiate with prosecutors to potentially reduce charges or penalties.
- Represent you in court to advocate for your rights and interests.
At Dworman Law, we specialize in DUI defense in the Phoenix metro area. Our lead attorney, Howard Dworman, has over 100 hours of continuing legal education in DUI defense and is a member of esteemed legal organizations, including the National Association of Criminal Defense Lawyers and the DUI Defense Lawyers Association. Howard’s experience includes countless jury trials and evidentiary hearings. With nearly a decade of experience and a reputation as a skilled trial attorney, Howard has won more jury trials and cases than he’s lost.
Final Thoughts on Arizona DUI Laws
Arizona DUI laws are strict, but understanding your rights can help you make informed decisions if you are ever suspected of DUI. Good people make mistakes, but a single bad decision shouldn’t define your future or destroy your reputation. If you ever find yourself in this situation, remain calm, exercise your rights, and seek legal guidance immediately.
For expert legal advice, contact Howard Dworman to discuss your case and protect your reputation.
This blog is for general informational purposes only and it is not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Every case is unique. The information contained in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. You should not act upon this information without seeking professional legal counsel.
