Photo from Unsplash
Originally Posted On: https://thevalleylawgroup.com/blog/dui-in-arizona/
What Happens When You Get a DUI in AZ?
Getting arrested for a DUI can be overwhelming and stressful, especially since Arizona is known for being strict with its DUI laws. If you have been charged with drunk driving, then you may face some harsh penalties that could impact your life in significant ways. Understanding what happens after you receive a DUI in the state of Arizona can help you face the upcoming legal proceedings with confidence.
What Happens When You Get a DUI in AZ?
As soon as you are pulled over because you are suspected of driving under the influence of alcohol, the police officer may administer a field sobriety test. During a field sobriety test, you will be asked to perform several simple tasks that test your balance, your coordination, and your ability to multitask. These tasks can help an officer decide whether you are impaired. The officer may administer a breathalyzer test on the scene if they believe you are impaired.
If either a breathalyzer test or a field sobriety test indicates impairment, you will then be arrested and taken to either the police station or a hospital. A chemical test will be administered, which means that you will either have to breathe into a breathalyzer or have your blood tested. You must take the chemical test offered to you, as you do not have the right to choose between breathalyzers and blood tests. However, you can refuse to take any test at all, which will result in an automatic 12-month suspension of your driver’s license.
Your fingerprints and photograph will be taken, and then you will be booked at the police station. Afterward, the police officer will question you about the events that transpired before you were arrested. You may or may not be read your rights at this time.
Once your information has been processed and you have been questioned, you will receive a copy of the criminal citation, which includes your arraignment date. This is the date that you must appear in court for a hearing. You will then be released.
Arraignment Date
You must arrive on time and be physically present for your arraignment. At this hearing, you will be asked to make your plea, selecting either guilty or innocent. No other details will be able to be shared at this time, meaning that you cannot offer your side of the story or give any additional facts.
If you choose to plead innocent, a pretrial hearing will be scheduled, typically 30 days after the arraignment date. If you plead guilty, you will likely be given another date to receive your sentencing. If you are unsure how you want to plead, the court will assign you a plea of not guilty. It is highly suggested that you plead not guilty at your arraignment, as you will not be penalized.
There are no benefits to pleading guilty immediately, even if you believe that you are guilty or if the court will eventually find you guilty. Before attending your arraignment, it is wise to speak with an attorney to discuss your legal options. In certain cases, if you have hired an attorney, you will not be required to attend the hearing as your lawyer can represent you.
Pretrial and Negotiation
During your pretrial conference, you will be given the chance to hear the prosecutor’s evidence against you. Typically, if a plea deal is offered to you, it will be done during this pretrial. This hearing is particularly important as you must provide a defense for your case.
You may wish to include testimonies from expert witnesses for your defense. It may also be necessary to gather any pertinent evidence from the alleged crime scene, get blood samples to retest, question the police officer who arrested you, or gather any other pertinent evidence. A DUI lawyer will be essential to assist you in this process.
If the end of the pretrial phase arrives and no agreement has been reached, another pretrial conference date will be arranged. The court will set a trial date once the pretrial concludes.
Motion to Suppress or Dismiss Charges
There are certain instances in which your case will not move forward due to a violation of your constitutional rights and protections. For example, if a police officer had no substantial reason to pull you over, did not properly handle evidence, or refused you the right to an attorney, then your legal rights were violated.
If any of these rights were violated, you may choose to file a motion to suppress the evidence or have the case dismissed. It is suggested that you file this motion during the pretrial period or after the prosecutor has refused to negotiate your case or dismiss it.
The Trial
The trial involves a judge and/or a jury reviewing the details of your case and hearing your defense. After arguments are presented, the judge or jury will determine whether or not you are guilty of some of the charges or all of the charges against you. If found guilty, you will be given a sentence and fined. If you are not found guilty, then the case will conclude. Keep in mind that even if you are declared not guilty, this will not affect your Civil MVD case, which is where officials will determine whether your license will be suspended.
After a DUI Conviction
There are many factors in play during the time after a DUI conviction.
License Suspension
If you have been charged with a drunk driving offense, your license will be placed under suspension. It may be taken by the police officer when you are pulled over. That record will be sent to the Arizona Department of Motor Vehicles if you are convicted.
Admin Per Se Hearing
After you have been arrested and given a Notice of Suspension, you have 15 days to request a hearing with the Department of Motor Vehicles, which is known as an Admin Per Se Hearing. Until this hearing takes place, you are still legally allowed to drive. This gives you the chance to meet with an attorney to discuss your case if you wish.
Fines, Court Costs, and Insurance
If you are convicted of a DUI, you will be required to pay any fines that are associated with a first offense. Additionally, you will have to pay any court costs. Next, you will need to get what is called SR-22 insurance, which must be used for a year. This insurance provides coverage for the additional risk you share when you drive and is often extremely expensive.
Counseling and Classes
You will likely be told that you have to attend alcohol counseling with a licensed counselor and complete a specific amount of hours. Another class you may need to attend is the Mothers Against Drunk Driving Victim Impact Panel.
Jail Time
Another consequence you will face is serving time in jail for at least ten days. In some instances, the amount of days that you must serve may be lessened if you take an approved drug or alcohol screening test.
Ignition Interlock Devices
If you are allowed to drive again, it will likely be with the stipulation that you must have an ignition interlock device installed in your vehicle. This device is installed in your car and requires you to breathe into it, testing to make sure that you have not consumed any alcohol. Most often, this device must be installed within 90 days of your arrest. Along with getting an ignition interlock device put in your car, you will also need to apply for a special ignition interlock restricted driver’s license (SIIRDL).
This license gives you the ability to drive yourself anywhere you need to go. When you receive your SIIRDL, it only applies to the time period in which you need to have an ignition interlock device in your car. After completing the required time to get this specific license, you still may need to apply for an ignition interlock license.
Arizona DUI Laws
When you are 21 years or older and have been driving with a blood alcohol concentration (BAC) of a minimum of .08%, then you may be charged with a DUI. In the event that you are pulled over because you are suspected of driving while under the influence of drugs or alcohol, a chemical test will be given to you. If you choose not to take the test, your license may be suspended for at least one year. You may appeal this suspension, but a second such suspension within 84 months will result in a two-year suspension.
Other pertinent DUI laws include the following.
Underage Alcohol Sales
One of the laws that fall under the DUI category is Title 4-241, which involves an individual selling alcohol to someone who is underage or obtaining alcohol from someone who is under the legal age to purchase alcohol.
BAC Specifications
Title 28-1381 includes the definition of what it means to drive under the influence of drugs or alcohol illegally. It gives the blood alcohol concentration levels that legally determine whether or not you are considered driving drunk or under the influence. Additionally, it outlines the penalties after being charged with a DUI and how police officers discover the blood alcohol concentration.
Extreme DUI
Another Arizona DUI law is listed under Title 28-1382. This law describes what is called an extreme DUI, which involves a person who was driving under the influence with a BAC of over .15%. It also includes the penalties involved when charged with this kind of DUI.
Aggravated DUI
The last DUI law is Title 28-1383, which defines the category of a DUI known as an aggravated DUI. This charge is given to someone who has driven under the influence during a time when their license is suspended, revoked, or canceled.
An aggravated DUI also involves a situation where an individual drives under the influence for the third time within a timeframe of 84 months or the person drives under the influence while a passenger under the age of 15 is in the car. One other instance includes an individual who must have an ignition interlock system and commit a DUI or will not give a blood alcohol concentration test while having the ignition interlock system.
Arizona DUI Penalties
There are several different levels of penalties that depend on the type of DUI that was committed or if other offenses were committed. Below are the different DUI categories and their subsequent penalties.
DUI Penalties
If you have been charged with your first DUI offense in the state of Arizona, you will be sentenced to a minimum of 10 days, and you will receive a fine of at least $1,250. Additionally, you will need to attend educational classes on how to properly handle alcohol, undergo a screening, and/or you may be required to get treatment. You may also need to have an ignition interlock device installed in your vehicle and may also have to complete a certain amount of hours of community service.
You must serve a jail sentence of at least 90 days for a second offense or any offense following. You will also receive a fine of at least $3,000; your license will be revoked for 12 months. Educational classes, screenings, and/or treatment will be necessary for you to take. You must also have an ignition interlock device placed in your car in order for you to drive. Community service hours are required and will be assigned as the court sees fit.
Extreme DUI Penalties
If you have been convicted of their first extreme DUI offense, you must serve at least 30 days in prison without being eligible for probation or a suspended sentence. You will also receive a fine of at least $2,500. Other requirements will include taking educational classes, submitting to screenings and/or getting treatment, completing community service hours, and having an ignition interlock device installed in your car.
A second offense or any offenses following will result in serving jail time of at least 120 days and receiving a fine of at least $3,250. You will also have your license taken away for at least 12 months. Additionally, you must complete alcohol screenings, classes, and treatment, have an ignition interlock device in your vehicle, and complete community service.
Aggravated DUI Penalties
After being charged with an aggravated DUI offense, you must serve at least two years in prison, and your driver’s license will be taken from you for at least one year. Alcohol treatment, screenings, and classes must also be taken, and an ignition interlock device must be installed in your vehicle. Community service will also be required.
Can A Lawyer Get You Out of a DUI?
There are many ways that a DUI lawyer can assist you in preparing your defense strategy. They can review the details of your case and determine whether or not your rights were violated when you were pulled over and if the police officer did not actually have legal grounds to do so.
A lawyer can also give you your legal options and help you find the right defense strategy for your unique situation. This will give you the best chance at a successful resolution of your case. While hiring a lawyer can help you achieve a positive outcome for your case, please keep in mind that it is not a guarantee that a lawyer can get you out of a DUI.
What Are the Pros and Cons of Using a Lawyer for a DUI Case?
There are many pros to hiring a lawyer for a DUI. First, as lawyers understand the laws regarding DUIs, they will be able to develop an effective defense. They can also negotiate with the prosecutor to either lessen your charges or potentially avoid a jail sentence.
A lawyer may be able to lessen a driver’s license suspension. Having legal representation during your pretrial and any other hearings may be especially helpful to present your case effectively. They can also educate you on the legal process.
There are relatively few cons to hiring a lawyer. While it may be more costly than representing yourself, hiring an attorney can save you in fines, penalties, and court fees, especially if your case is complicated. Additionally, while having a lawyer can make the legal process of a DUI case smoother, the process will not be stress-free. It is also important to remember that hiring a lawyer gives you a better chance of having your charges dismissed or minimized, but a positive outcome is not guaranteed.
Take a Step in Developing Your Defense
If you have been charged with a DUI, you are likely overwhelmed and anxious about your future. The good news is that you don’t need to face your charges alone. If you’re wondering, “Where can I find the best lawyer for impaired driving?” the answer is right here in the Valley Area. Contact The Valley Law Group to schedule your free consultation and learn more about how you may be able to prevent fines and jail time with a skilled DUI lawyer.
Sources:
- Maciel, V. (2023, June 16). What to Expect After a First DUI in Arizona. Smart Start. https://www.smartstartinc.com/blog/what-to-expect-first-dui-in-arizona/
- 4-241 – Selling or giving liquor to underage person; illegally obtaining liquor by underage person; violation; classification; definitions. (n.d.). Www.azleg.gov. https://www.azleg.gov/ars/4/00241.htm
- 28-1381 – Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification. (n.d.). Www.azleg.gov. https://www.azleg.gov/ars/28/01381.htm
- 28-1383 – Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification; definitions. (2024). Azleg.gov. https://www.azleg.gov/ars/28/01383.htm
- Driving Under the Influence (DUI) | Department of Transportation. (n.d.). Azdot.gov. https://azdot.gov/mvd/services/driver-services/driver-improvement/driving-under-influence-dui
- and, D. (2024). DUI Penalties | The Hamp Law Offices. Hamplaw.com. https://www.hamplaw.com/practice-areas/driving-under-the-influence-dui/dui-penalties
- First Time DUI Charges in Arizona. (2024, August 24). Salwin Law Group. https://www.salwinlaw.com/arizona-dui-laws-first-offense/
- Why Do I Need A DUI Lawyer | Pima County AZ Defense Lawyer | Tucson. (2024). Why Do I Need a DUI Lawyer | Pima County AZ Defense Lawyer | Tucson. https://www.missduiarizona.com/dui/do-i-need-a-dui-lawyer
- First Time DUI Charges in Arizona. (2024, August 24). Salwin Law Group. https://www.salwinlaw.com/arizona-dui-laws-first-offense/
- Law Offices KKR. (2016). Law Offices KKR | // Arizona Injury, Family and DUI Attorney | Injury and DUI Lawyer for Phoenix, Scottsdale, Tempe, Chandler. https://www.lawofficeskkr.com/dui-defense/process/
