The DUI Arrest

Most DUI arrests (driving under the influence arrests) occur in the evening and after midnight hours, but they do happen in daylight, too. Traffic officers at any time of day are looking for drivers who are traveling below or above the speed limit, making wide turns, driving on the edge of lane lines, turning without signaling, avoiding a sobriety checkpoint, and other illegal behaviors all of which police forces will use for reasonable suspicion & probable cause for the stop. They also look for expired license plates, burned-out brake lights, loud exhausts, and tinted windows that are too dark. Any of those things is an invitation to a traffic stop.

Also, a parked vehicle with an impaired person inside with possession of the car keys is also a DUI offense.

The DUI Traffic Stop

The law enforcement officer in asking for the individual’s driver’s license and proof of insurance will look inside the vehicle for open alcohol containers and drugs or drug paraphernal that are in plain view. If nothing is visible the officers cannot conduct a search of the vehicle without a search warrant.

The traffic officer, who is trained in looking for signs of impairment, will be looking for slurred speech, red eyes, an odor of alcohol on the driver’s breath, and the smell of marijuana, all as probable cause.

Field Sobriety Tests

Next, to determine if the driver is a threat on the road the police officer then asks drivers who are about to become a test subject to submit to a series of common field sobriety tests. These include looking for eyes jerking when moving an object smoothly from side to side, walking-and-turning, standing on one foot, walking a straight line while feet are touching heel to toe, using arms or hopping to regain balance, and counting backward, among other standardized field sobriety tests looking for probable cause. Any failures on these tests will wind up in the police report.



Agility test results, however, are subjective. Drivers may have a physical ailment, such as requiring a cane to walk, that will throw off these tests.

You may politely decline the request to take these tests, but if you do, you will be arrested on suspicion of driving impaired, and refusing the test can be used in court as proof of guilt.

Upon completing a field sobriety test, the officer can also ask you to take a PBT (Portable Breath Test) breathalyzer test to confirm drunk driving. You should always refuse this test at the scene. However, later the officer will ask you to consent to a blood test or a breath test at the station, vam, or hospital. If you refuse this test, your license will be suspended for 1 year. If you refuse, the officer can take you to a hospital or a police station to draw blood for a blood test but first must obtain a search warrant before conducting the blood test.
 
A blood alcohol level over the legal limit of .08 will bring about DUI charges in the State of Arizona. A blood alcohol concentration of .15 will result in the state charging you with the offense of an Extreme DUI. While drivers with a blood alcohol level of .20 or higher above the legal limit will be charged with the offense of a Super Extreme DUI in the State of AZ. In another State, blood alcohol concentration limits may differ. The State of Arizona has some of the toughest drunk driving laws in the country as they are trying to reduce drunk-driving traffic accidents.

Motor Vehicle Crashes

If there has been a motor vehicle crash, or other traffic violation, it can be used as probable cause for a drunk driving or drug-impaired DUI arrest. Single-vehicle crashes or wrong-way crashes on a divided highway often lead to probable cause for a DUI arrest. The time of the accident may also influence the officer’s thinking.



If there is an accident in which the driver is DUI and another person suffered a serious physical injury, the misdemeanor DUI will be upgraded to Aggravated Assault. This is a felony and carries a prison sentence of 5-15 years.

A DUI while driving the wrong-way on a roadway in Arizona is a class four felony. If convicted, the sentence carries a mandatory 4 month prison sentence.
 

Various Stages of A DUI Arrest

At the moment of arrest for the offense of driving under the influence, the officer must by law recite your Miranda rights: “You have the right to remain silent under the Fifth Amendment, that anything you do say will be used against you and you the right to have an attorney present during questioning. Do you understand these rights?”

Exercise your rights and remain silent until you have obtained legal advice. Studies have shown that nothing you say is going to influence the officer or help your case. Police use anything you say against you and it only helps the States prosecution of you.



Your motor vehicle will be towed and impounded at a city, county, or state impound lot.

Always request to speak with a lawyer. You will be given your phone or a phonebook to make a call. Take advantage and try to call a DUI lawyer.
 

The Booking Process

If the suspected DUI offender is taken to a police station for booking, the motor vehicle driver will be searched, looking for any amount of drugs, including recreational drugs, as well as any weapons. You will be fingerprinted, photographed, and placed in a cell after making a phone call to a lawyer, family, or friends advising them of the arrest. A police report will be filled out and will be used for future prosecution by the State. In simple DUI cases, defendants are released the same night to a friend, family member, or ride share. However, Arizona DPS will often book impaired drivers into jail, and a suspect would be released the following day after seeing a judge.



In more serious DUI charges, the accused impaired driver can be held until bail is arranged by a local or State court.
 

Aaron M. Black Law for DUI defense

Should you or someone you care for be charged or are under investigation for a DUI it is imperative that you have an experienced DUI defense attorney such as myself to defend you at the earliest possible time. In my long career as an aggressive DUI defense attorney, I know that good people can find themselves in legal trouble, and that is why I ensure they have the best defense possible.

Aaron M. Black Law provides personalized legal services. You will always be talking directly to me at every stage of your DUI case.

Begin your DUI defense immediately by calling 480-729-1683 at any time on any day and I will respond promptly unless I am in court on at trial. Or use the online contact form on my website.

I defend DUI cases throughout Arizona, including Maricopa, Pinal, Yavapai, and Coconino County Superior Courts.

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