What are the Differences Between the Different Types of Arizona DUIs?
The unfortunate reality is that one single traffic stop can change everything. As you likely now know, if you’re reading this, a DUI arrest in Arizona is not a minor inconvenience. It is not something that just “goes away.” That said, if you’ve been charged with a DUI, you’re not alone, and a skilled Tempe DUI lawyer from The Weingart Firm, PLLC is here to help. Continue reading to learn more about how the DUI court process works in Arizona and how our legal team can help fight for your rights and future.
A DUI case typically begins with a traffic stop. A police officer must have reasonable suspicion that a traffic violation or criminal offense has occurred before pulling a driver over. This can include something as simple as speeding, drifting between lanes, or failing to signal. Once the stop is initiated, the investigation begins. The officer will observe your speech, your movements, and your overall demeanor. They will typically look for the following signs:
If impairment is suspected, you may be asked to perform field sobriety tests, which are designed to evaluate your coordination, balance, and ability to follow instructions. You may also be asked to submit to a breath test at the scene.
No. Roadside field sobriety tests and the handheld preliminary breath test at the scene are voluntary in Arizona, and declining them carries no implied consent penalty. That is a different question from the evidentiary breath or blood test given after a lawful arrest, which is the test governed by the implied consent statute. Officers are trained to present roadside testing as routine, and many people perform tests they were never required to take. Declining will be noted in the report, and an officer may still arrest based on other observations.
If the officer determines that probable cause exists, you will be placed under arrest. From there, you are transported for booking, which may include a formal breath test or blood draw.
In Arizona, there is an implied consent law, which means that by driving on Arizona roads, you have already agreed to submit to chemical testing if lawfully arrested for DUI. Refusing a test can result in an automatic license suspension through the Arizona Motor Vehicle Division, separate from your criminal case.
During booking, your fingerprints and photograph will be taken. Depending on the circumstances, you may be held for several hours before release.
The page above notes that refusal triggers a suspension. It is worth knowing how much worse that suspension is. Under A.R.S. § 28-1321, a first refusal carries a twelve-month license suspension. A second refusal within 84 months carries two years. Compare that to the ninety-day administrative suspension that follows a failed test. Refusing does not make the evidence go away either, because officers in Maricopa County routinely obtain a telephonic search warrant and draw blood anyway. The refusal suspension is civil and runs on its own track, so it can stand even if your criminal charges are later reduced or dismissed.
In many misdemeanor DUI cases, individuals are released within a relatively short period of time. However, release may come with conditions, such as the following:
You will also receive notice of your upcoming court date.
The first case is your criminal DUI charge, which will be filed in municipal court, justice court, or superior court, depending on the severity of the offense. Many misdemeanor DUI cases in Tempe are handled in the Tempe Municipal Court. This case determines whether you are convicted and what penalties may apply, including the following:
Separate and apart from the criminal charge is the administrative license suspension through the Arizona MVD. You generally have only 15 days from the date you are served with paperwork to request a hearing to challenge your suspension. If you fail to request that hearing in time, the suspension will likely go into effect automatically. The administrative case focuses strictly on your driving privileges, including:
Once formal charges are filed, the court process begins, and it looks like this.
Your first court appearance is called the arraignment. At this hearing, the judge will formally inform you of the charges against you, and you will enter a plea, which is typically not guilty. The court will also set future dates and review any release conditions.
After the arraignment, your case will proceed to a series of pretrial conferences. Evidence will be exchanged and reviewed. This typically includes the following:
In some cases, your attorney may file motions challenging certain aspects of the stop, arrest, or testing procedures. For example, if the traffic stop lacked reasonable suspicion, or if testing was improperly conducted, evidence may be suppressed.
If appropriate, the prosecution may offer a plea agreement. This can involve reduced charges or agreed-upon sentencing terms. The decision to accept a plea is entirely yours.
If no agreement is reached, the case proceeds to trial. In misdemeanor DUI cases, you are generally entitled to a jury trial. At trial, the prosecution must prove guilt beyond a reasonable doubt. During these trials, witnesses will testify, evidence will be presented, and arguments are made. Ultimately, a verdict will be rendered.
If convicted, sentencing follows. You will face various penalties, including jail time, high fines, probation, alcohol education, and ignition interlock requirements. Aggravated DUIs can warrant even harsher penalties, including prison time.
If you’re accused of driving while under the influence of drugs or alcohol, you have important constitutional protections, which are as follows:
This right appears in the list above, and it is worth understanding in practice. After you submit to the test law enforcement chooses, you may obtain your own independent chemical test. The value is straightforward. An independent sample gives your attorney a second data point to compare against the state’s result, which matters when the machine’s calibration, the blood draw, or the chain of custody is later challenged. The right is time-sensitive, so it must be invoked promptly rather than raised for the first time months later in court.
If you’re facing the DUI court process, our legal team is here to help. Contact a seasoned Tempe criminal defense lawyer from The Weingart Firm, PLLC for a free consultation today so we can begin building a comprehensive strategy on your behalf.
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