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Arizona DUI Law and Your Rights

Learn all about Arizona DUI law and the best ways to safeguard your rights when you are pulled over by police officers.

• What to do if You are Stopped for DUI
• The Right to Remain Silent
• Sobriety Testing at the Scene
• Miranda Rights
• The Difference between DUI & DWI in Arizona
• Contact Our Arizona DUI Law Firm

What to do if You are Stopped for DUI

If you are stopped by police for a suspected DUI or DWI, there are a several things you should know and do in order to protect yourself:

• Do ask to speak with an attorney at once!
• Do show your registration and license, and your proof of insurance if asked.
• Do ask to be released to attain an independent blood test from a hospital.
• Do conduct yourself courteously.

 

There are also several things that a suspected DUI driver should not do

• Do not consent to take a breath, blood or urine test until you have received consultation from your attorney.
• Do not answer questions or agree to be videotaped.
• Do not take an eye test.
• Do not confess to anything or take coordination tests.
• Do not try to talk your way out of the situation or be rude.

*These do's and don'ts apply to most, but not all situations.

The Right to Remain Silent

The right to remain silent is a vital right that should be exercised.  A citizen’s Constitutional rights forbid an officer from asking too many questions because the suspect might not recognize their purpose, or it may protect citizens from an unethical officer trying to trick a suspect into unfairly indicating their guilt.   Because of this, it is imperative many times for a DUI suspect to neither answer questions nor admit anything until he or she consults with his or her attorney.

Sobriety Testing at the Scene

There are times when police officers will ask a DUI or DWI suspect perform coordination or field sobriety tests.  Occasionally, these tests are videotaped.  However, the breath or blood tests are objective while the field sobriety tests are not. Field sobriety test are tests of a driver’s balance and dexterity and the determination of these test results are dependent upon only the officers ruling at the scene.  Therefore, Arizona drivers should not subject themselves to these tests.

Miranda Rights

After a suspected driver has been taken into custody or in some way deprived of his or her rights or freedoms in any way, a police officer must advise that person of their Miranda Rights prior to questioning.  If the police officer fails to advise the suspected driver of his or her rights, any statements obtained are considered to be obtained illegally and may be suppressed in court.

The Difference between DUI & DWI in Arizona

Both DUI and DWI charges are equally severe and carry corresponding punishments. Extreme DUI comes with serious consequences. Arizona usually files two or three charges:

• DUI - Driving Under the Influence of intoxicating liquor (or drugs).
• DWI - Driving with a Blood Alcohol Content (BAC) of 0.08% or more within two hours of driving.
• EXTREME DWI - Driving with a Blood Alcohol Content (BAC) of 0.15% or more within two hours of driving.
• SUPER EXTREME DWI - Driving with a Blood Alcohol Concentration of 0.20% or more within two hours of driving.

Arizona DUI lawyers sufficiently protect clients against DUI and DWI charges by knowing and recognizing the differences between the types of offenses.

Contact Our Arizona DUI Law Firm

If you have been arrested for driving under the influence, contact our Arizona DUI law firm for legal assistance from an experienced attorney. Our team can help fight the charges against you to reduce or eliminate the legal consequences you are facing.

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Types of DUI / DWI Cases

Arizona DUI Laws

DUI Testing

DUI Penalties in Arizona

DUI Defenses

Frequently Asked DUI Questions

Choosing a DUI Lawyer