What Happens When You Get Arrested For DUI In Arizona?
Everything You Need To Know About A DUI Arrest
Driving under the influence is a serious charge in Arizona, and if you are convicted of it, you will face severe penalties that can have long-lasting consequences for your driving record and your life. It’s important that you work with an experienced DUI defense attorney in Tucson to fight the charges against you – as soon after your arrest as possible. If you can call the attorney from the jail, all the better.
Knowing what happens during a DUI arrest can help you know how to protect your rights so you have a better chance of beating the charges. Here’s what you need to know:
Getting Pulled Over
Before you get arrested for DUI, an officer has to pull over. The officer may pull you over on suspicion of DUI, or may pull you over for another reason and then suspect DUI after interacting with you. Anything the officer noted will likely be included in the arrest report, such as if the officer observed you weaving in and out of lanes or driving at erratic speeds.
If the officer did not have reasonable cause to stop you, that can be used to challenge the arrest in court. Your Tucson DUI lawyer will look at all the information when determining the best defense for your charges.
During The Stop
A number of things may happen after the officer pulls you over. To start, the officer will note any observations that may indicate that you are under the influence, such as you slurring your speech, fumbling with items in the car, or there being empty containers in the car. All these things will be noted in the arrest report.
If the officer has probable cause, they might also search your vehicle for evidence of drinking or drug use, such as empty containers or paraphernalia. Your Tucson DUI defense attorney may be able to challenge the search, which would get any evidence discovered during the search thrown out. Remember that you have the right to refuse a search if the officer asks. You also have the right not to respond to any questions the officer asks, as any answers you give may incriminate you, such as admitting to having “just a drink or two” at dinner.
In most cases, you will not be arrested based on the officer’s observations alone. Some type of sobriety test will also need to be administered. You may be asked to take a field sobriety test, which would involve being asked to perform a number of physical tasks, such as walking along a straight line or maintaining your balance.
In most cases, you will be asked to take a breath-alcohol test. This would require breathing into a tube connected to a machine, which would then assess your likely blood-alcohol content. A blood test can be administered, but that is less likely.
Your Tucson DUI attorney can challenge the veracity of field sobriety tests or breath tests in court, as these are subject to many errors. You are required by law to submit to these tests, so do cooperate if asked to take them. Leave it to your attorney to challenge the accuracy of these tests later.
Arrest & Release
When you are arrested, you will be booked into the local jail. You will then be allowed to post bail, if you can afford it, or a judge may release you on your own recognizance to appear at your next court date. If you are arrested on a Friday or a weekend, you may have to stay in jail until Monday when a judge can rule.
Be careful not to say anything about your case while you are in jail. Anything you say could be used against you in court. If you can, call a DUI defense attorney from the jail for guidance and to help you get released.
Experienced DUI defense lawyers know that there are multiple points in the DUI arrest process that can be challenged later. Your attorney will look closely at all the details of your arrest to challenge anything that could cast doubt on your guilt and help clear you of the charges.
If you have been arrested for DUI in Tucson, call My AZ Lawyers to talk with one of our DUI defense attorneys about your legal options. Our experienced DUI attorneys will help you understand your legal rights and your options for fighting the charges. They are committed to helping clear you of the charges or reducing your sentencing. Call us in Tucson to schedule a free consultation with one of our DUI defense lawyers today.
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