Per Arizona Revised Statute Title 28-1381, you can be arrested for DUI if law enforcement believes that you were driving or in actual physical control of a vehicle while:
- Under the influence of alcohol or drugs
- If your blood alcohol content measured at or above .08 percent, or
- If there is any drug from the list in 13-3401 in your system
This means that, even if an officer didn't observe you driving, if they had reasonable suspicion to believe that you had previously been driving drunk, they can arrest you for DUI when not driving.
Immediately following an arrest for DUI, police will take you to jail or the crime lab to have your blood tested using the breath, blood, or urine method. Usually after this point, you will be released and someone can come pick you up. In more serious DUI cases, you can be formally booked.
At the time of your DUI arrest, police will confiscate your license and issue you a temporary license, valid until your hearing date. Law enforcement will notify the Arizona Motor Vehicle Department (MVD) of the arrest, which will initiate license suspension.
You will receive a notice of your arrest and order of suspension, which will include the date of your hearing and information about requesting a license suspension civil hearing. In Arizona, you only have 15 days to request this hearing. If you do not request this hearing, you lose your only opportunity to contest the suspension of your driving privileges. This is called the Administrative Per Se (APS) hearing. There is also an Implied Consent Hearing, which is called for in cases where the defendant refused to take a chemical test.
When your court date arrives, you will appear before a judge to hear a formal reading of your charge. Then, the judge will ask you how you plea. At this point, you will plead guilty, not guilty, or no contest. We highly suggest that that you consult with a trusted attorney before you enter into a plea. In some cases, accepting a plea bargain may be the best option for you, while in other cases, pleading not guilty and going to trial may be your best chance for an optimal outcome.
During all phases of the DUI process, you have rights. You have the right to remain silent to avoid self-incrimination, you have the right to retain an attorney, and you are innocent until proven guilty. To learn more about how a Phoenix DUI attorney at MayesTelles PLLC can help you after a drunk or drugged driving arrest, call us today for a free consultation.