It goes without saying (but I’m saying it) that if you drink, you shouldn’t drive. In Arizona, if you are over 21, it is NOT illegal to drive after drinking. However, driving after drinking an unknown amount of alcohol is illegal. Since it is next to impossible to figure out what that unknown amount is, it’s best not to take the chance.
If you do make the mistake of drinking and driving in Arizona, and if you are pulled over by an Arizona law enforcement officer, then this article will give an extremely brief overview as to what you should generally expect and what you should generally do. Use this merely as a guide. For help on an individual case, you need to consult with an attorney.
The DUI Stop
You can be stopped for DUI in a variety of ways. The most common are:
an officer stops you for some type of traffic infraction (or perceived traffic infraction) such as speeding, weaving, or failure to yield.
an officer responds to an accident scene where he does not necessarily witness you driving.
Either way, just about every DUI police report will begin with the Officer’s observations of signs of alcohol ingestion, such as odor of alcohol and bloodshot, watery eyes. Notwithstanding the fact that these are signs only indicative of ingestion, not necessarily impairment, the Officer will use this as a basis for “further investigation.”
“Further Investigation” in this context means asking you to step out of your car and perform field sobriety tests. The Officer will pay close attention to how you exit the car, the manner in which you provide him with your driver’s license, registration and insurance and the manner of your speech. Then the Officer will ask you to do Field Sobriety Tests. Depending on what the Officer observes and his suspicions, he will place you under arrest for DUI.
So, if you’ve been stopped for DUI, how do you respond? First — and most importantly — you must be courteous. Don’t try to bargain your way out of this. Be respectful. Second, ask for a private place to speak to an attorney. The Officer probably will not allow you to speak to one immediately, however, if he ultimately does not honor your request, your entire case can be thrown out.
I am very skeptical about Field Sobriety Tests (FSTs). For example, I defended a client at a DUI jury trial where the Officer admitted to the jury that my client passed the Field Sobriety Tests, yet he arrested him anyway. The reason for this is simple. Once the Officer stops your vehicle for some reason, for example, weaving, and then observes the odor of alcohol and bloodshot, watery eyes, he’s already made up his mind what type of case this is. Everything after that is merely a procedure for gathering additional evidence of guilt. It is not a process to prove your innocence, regardless of what the Officer may tell you. Moreover, the Field Sobriety Tests themselves are merely coordination tests that are difficult to pass even under the most optimal of conditions. Because of these concerns, I don’t see any value in agreeing to perform the FSTs. Politely decline. The Officer will probably arrest you anyway.
In case you are wondering, in the example I gave above the client was not convicted!Allow the Blood Test?
Once placed under arrest, you will be given some type of test to determine alcohol concentration. Typically this test is a blood test. The results usually take a few weeks. If you refuse the test, the general procedure is for the Officer to obtain a search warrant from a judge to allow him to forcibly take your blood. So, you see, they’ll get the test anyway. Plus, if you refuse the blood test, regardless of the outcome of the criminal case, your license will be suspended for 12 months. If you’re thinking that doesn’t sound like a good strategy, you are correct. Just take the blood test.
Results of the DUI Blood Test
If the results of the blood test are greater than a .08, then Arizona MVD will send a written notice (via regular mail to your last address on file at MVD) that your license will be suspended for 90 days, the last 60 days of which you may be allowed to drive to and from work, school, or counseling.
Hearings and Suspensions
You may request a civil hearing which, at worst, can delay the start of the 90 day suspension, and, at best, may void the suspension and/or possibly obtain helpful, under oath, statements from the arresting officers. The only downside to requesting a hearing relates to timing of the suspension. Would it be easier for you to serve your suspension earlier rather than later? If that’s the case, then perhaps declining a hearing is your better choice, since it often takes at least 45 days to get a MVD hearing.
If you request a hearing because you believe you have a chance there of having the case dismissed, please be aware that it is rare; when these hearings are held, the suspensions are generally upheld. So what’s the advantage? You can have more time to prepare for the suspension and you get a sneak peek at the Officer’s case against you.
If your blood test reading is less than a .08, then there is no 90 day suspension, unless you’re ultimately convicted of the DUI in criminal court (yes, it is possible to be convicted of DUI with readings less than a .08). Note, that if you already served your 90 day suspension, you will not have to serve another 90 day suspension if you are convicted of the DUI. It’s a onetime suspension.
DUI and Arizona Courts
Misdemeanor DUIs are generally prosecuted in Municipal Courts or Justice Courts in Arizona. Generally, Superior Court handles felony DUIs. Regardless of whether your case is a felony or a misdemeanor, NOBODY should make any decision as to how to proceed on a DUI case without the advice/guidance of an experienced attorney. If you are indigent, you will qualify for a public defender.
Your defense lawyer will review the evidence against you and advise you accordingly. Sometimes it is better to plead out prior to trial. Sometimes it is better to go to trial. It depends on your case. If you go to trial, you have the right to a jury trial. You can also waive a jury and just try your case to the judge. Again, which option is best depends on your case and the judge.
DUI Sentencing and Mandatory Jail Time in Arizona
If you are convicted of DUI in Arizona you will go to jail. It is mandatory. The amount of jail depends on your alcohol concentration, your prior criminal history (particularly DUI history), as well as the circumstances of your case. For a first offense, if your reading is below .15, then the minimum amount of jail is 24 hours. If your reading is between .15 and .20, then the minimum is 30 days in jail. If your reading is above .20, then the minimum jail time is 45 days. Keep in mind that the State has to prove that your actual alcohol concentration was above those minimum amounts in order for you to be subject to the enhanced jail sentence.
As you can well imagine, if it’s not your first offense, then the penalties grow exponentially. The jail time is mandatorily enhanced if you have, and the State proves that you have, a DUI prior within 84 months of the current charge. For example, a second offense DUI, with a reading of less than .15, has a 30 day minimum jail sentence in Arizona. A second offense with a reading of between .15 and .20 is 120 days in jail. A second offense with a reading of over .20 is 180 days in jail.
In addition to the jail time, there are mandatory fines in Arizona which also depend on alcohol concentration and prior DUI history. Alcohol classes will be ordered. You will be required to install an ignition interlock device in your vehicle.
DUI in Arizona – The Bottom Line
If you drink, don’t drive. But if you do, know your rights. Be respectful to the Officer. Ask to speak to a lawyer in private. Decline the Field Sobriety Tests. Once placed under arrest, agree to the blood test. Request an MVD hearing if your reading is too high. Finally, DO NOT go through this alone. Either hire an attorney experienced in these matters or apply for a public defender. Every DUI case is different. Even seemingly hopeless cases can be effectively fought
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