If you have been arrested for driving under the influence (DUI) in Arizona, it is important to make sure you know your legal rights. Not only do you need to protect your legal rights going forward; but, if police or prosecutors have violated your legal rights already, this could provide you with a defense in court.
To be clear, while you have clear legal rights under Arizona law and the U.S. Constitution, it is up to you to ensure that violations of these rights do not result in an unjust conviction. As a result, not only does protecting yourself require knowledge of your rights, but it also requires the ability to expose violations of your rights in court when necessary. If you do not take the necessary steps to prove that your rights have been violated, the judge won’t be able to help you, and you could find yourself facing the consequences of a conviction that could—and should—have been avoided.
Understanding Your Legal Rights in an Arizona DUI Case
With this in mind, what are your legal rights in an Arizona DUI case? Here are some of the most important rights that you have before, during, and after a drunk driving arrest:
The Right to Be Stopped Only for Lawful Reasons
Under the Fourth Amendment to the U.S. Constitution, the police can only stop you for lawful reasons. This means that they cannot stop you: (i) based on your race, sex, or other personal characteristics; or, (ii) to try to find a reason to ticket or arrest you. The police must have “reasonable suspicion” to conduct a traffic stop; and, if the police stop you without reasonable suspicion, this can potentially render all of the state’s evidence against you inadmissible in court.
The Right to Be Arrested Only for Probable Cause
In addition to needing “reasonable suspicion” to conduct a traffic stop, the police need “probable cause” to make a DUI arrest. This protection also exists under the Fourth Amendment. If the police arrest you without probable cause, this can render any evidence obtained following your arrest (including any statements you made to the police) inadmissible in your DUI case. Again, however, while you have the right to have unconstitutionally obtained evidence kept out of your case, it is up to you to assert this right effectively.
The Right to Remain Silent
The Fifth Amendment provides you with the right to remain silent. Whether as a suspect or as a defendant, you cannot be forced or coerced to say anything that prosecutors can use against you in court. While the police can use deception when interrogating suspects to an extent, there are clear limits on how far they can go to trick you into saying something that justifies an arrest.
The Right to Refuse the Field Sobriety Tests (FSTs)
Another important right you have during a DUI stop is the right to refuse the field sobriety tests (FSTs). While taking a blood alcohol concentration (BAC) test is mandatory, taking the FSTs is not. While prosecutors may try to argue that your refusal of the FSTs shows that you knew you were driving drunk, the reality is that there are many reasons not to take the FSTs on the side of the road.
The Right to Be Informed About Arizona’s “Implied Consent” Law
The obligation to take a BAC test during a DUI stop exists under Arizona’s “implied consent” law. But, while this law imposes requirements, it also provides DUI suspects with clear legal rights.
Before the police charge you with a “DUI refusal,” they must inform you of the consequences you will face if you do not provide a breath, blood, or urine sample. If the police failed to inform you of these consequences, this could provide you with a defense as well.
The Right to Receive the Miranda Warning Before Being Interrogated in Custody
When the police pull you over on suspicion of DUI, they must read you the Miranda warning before interrogating you in custody. This is the warning that says, “You have the right to remain silent. Anything you say can and will be used against you . . . .” If the police interrogate you in custody without reading your Miranda rights and you confess to drinking and driving, this could render your confession (and any additional evidence the police obtain as a result of your confession) inadmissible during your DUI trial.
The Right to Know What Evidence Prosecutors Have in Their Possession
Whether it helps them or it helps you, you have the right to know what evidence prosecutors have in your possession. During your DUI case, you can request (and you have the right to obtain) any evidence that prosecutors intend to use against you at trial. If prosecutors have any material exculpatory evidence in their possession (i.e., evidence that suggests you are not guilty of DUI), they are required to disclose this evidence whether you ask for it or not.
The Right to a Jury Trial
Under Arizona law, you have the right to a jury trial in your DUI case. This is true regardless of the severity of your DUI charge, and regardless of whether you are a repeat or first-time offender. Crucially, this is one right that you may or may not want to assert depending on the circumstances of your case.
The Right to Legal Counsel at All Stages of Your DUI Case
Finally, and most importantly, you have the right to legal counsel at all stages of your DUI case. As we said above, even when your other legal rights are clear, you still need to be able to assert them effectively to avoid unnecessary consequences. An experienced DUI lawyer will be able to help protect you by all means available—whether this means seeking a pre-trial dismissal, negotiating a plea bargain, or fighting your DUI charge in court.
Request a Free Consultation with Phoenix DUI Lawyer and Former Judge Mark Weingart
Do you need to know more about your legal rights after a DUI arrest in Arizona? If so, we encourage you to contact us promptly. To request a free consultation with Phoenix DUI lawyer and former judge Mark Weingart, please call 480-493-0398 or contact us online today.
