Arizona DUI
Frequently Asked Questions
(click the question to jump down the page)
What is blood alcohol content (BAC)?
What is the legal blood alcohol concentration limit in the state of Arizona?
Are there different types of DUI charges in Arizona?
What is the difference between a felony and a misdemeanor?
Can you choose what type of chemical test you will consent to?
Can you be arrested for a DUI in Arizona if
you don’t consent to a breath, blood or urine test?
What should you do if an officer asks you to
submit to field sobriety tests?
Can you be charged with a DUI for driving after
taking drugs?
Can you obtain a temporary permit to drive
while your license is suspended?
What do police officers look for when searching
for drunk drivers in Arizona?
If you are stopped by a police officer and he or
she asks you if you have been drinking, what should you say?
What is the officer looking for during the
initial detention at the scene?
You just blew into the machine and it showed your
BAC was over .08, should you just plead guilty?
The officer never gave you a “Miranda” warning.
Can you get your case dismissed?
What is blood alcohol content (BAC)?
The blood alcohol content is a measure of the amount of blood in
your system based on your blood, breath or urine. The BAC calculates
the ratio of ethanol to blood within your body.
If your BAC is below a .08, that does not mean that you are
necessarily capable of operating a motor vehicle. Every person’s
ability to tolerate alcohol is different and you may still be
charged with DUI if your BAC is less than .08 or if you have
exhibited other signs that you were unable to safely operate a motor
vehicle. Top
What is the legal blood alcohol
concentration limit in the state of Arizona?
If you have a blood alcohol concentration (BAC) of .08 or more
within two hours of driving a motor vehicle, you will be charged
with DUI. If you are younger than 21 and driving a motor vehicle
with any amount of alcohol in your body, you may also be charged
under Arizona’s zero tolerance statutes.
Are there different types of DUI charges in Arizona?
Yes. DUI charges can stem from being impaired to the slightest
degree while operating a motor vehicle, having a BAC of a .08 or
higher within two hours of operating a motor vehicle and having a
BAC of a .15 or higher within two hours of operating a motor
vehicle. Top
What is an arraignment?
An arraignment is the court appearance when you are notified of the
charges being brought against you. It is often your first court
appearance. Depending on the jurisdiction and the charges, it is
also the time when your attorney enters a plea on your behalf.
Sometimes bail conditions are also addressed at the arraignment.
Top
What is the difference between a
felony and a misdemeanor?
Felony charges are more serious than misdemeanor charges. In
Arizona, a misdemeanor can carry a maximum sentence of up to six
months in a local jail. A felony can carry a much longer sentence in
a state penitentiary. Top
Can you choose what type of chemical test
you will consent to?
No. In Arizona, you do not have a choice between a breath, blood or
urine test. An officer can require a urine test if either breath or
blood testing is unavailable or if he or she has reason to suspect
you are under the influence of a controlled substance.
Top
Can you be arrested for a DUI in Arizona
if you do not consent to a breath, blood or urine test?
Yes. Under the implied consent statutes in Arizona, a driver
suspected of a DUI who refuses to submit to a breath, blood or urine
test can have their driving privileges suspended for twelve months.
Top
What should you do if an officer asks
you to submit to field sobriety tests?
You should politely refuse the field sobriety tests. Most of the
time the officer has already made up his or her mind and is using
these tests to help collect additional evidence against you.
Top
Can you be charged with a DUI for driving
after taking drugs?
Yes. Driving under the influence or driving while intoxicated does
not just refer to being under the influence of alcohol, but also
under the influence of drugs like marijuana, heroin, cocaine,
ecstasy or any other illegal substances. You could also be charged
if you are on prescription drug medicines or over-the-counter
medications that warn of impaired abilities while operating motor
vehicles. Top
Can you obtain a temporary permit to
drive while your license is suspended?
When you are arrested for DUI in Arizona, you may be permitted to
drive for the first 15 days. If your chemical test result was .08 or
higher, once the suspension begins you will not be permitted to
drive for any purposes for 30 days. You may be eligible for a
work-restricted permit for the remaining 60 days of the suspension.
A hearing may be requested to stay the pending suspension of your
driving privileges. Top
What do police officers look for when
searching for drunk drivers in Arizona?
The following is a list of symptoms in descending order of
probability that the person observed driving is driving while
intoxicated. The list is based upon research conducted by the
National Highway Traffic Safety Administration:
• Turning with a wide radius
• Straddling center of lane marker
• “Appearing to be drunk”
• Almost striking an object or vehicle
• Weaving
• Driving on other than designated highway
• Swerving
• Speed more than 10 mph below limit
• Stopping without cause in traffic lane
• Following too closely
• Drifting
• Tires on center or lane marker
• Braking erratically
• Driving into opposing or crossing traffic
• Signaling inconsistent with driving actions
• Slow response to traffic signals
• Stopping inappropriately (other than in lane)
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Headlights off
Top
If you are stopped by a police officer
and he or she asks you if you have been drinking, what should you
say?
You are not required to answer any potentially incriminating
questions. Top
What is the officer looking for during
the initial detention at the scene?
The traditional symptoms of intoxication are:
• Flushed face
• Red, watery, glassy and/or bloodshot eyes
• Odor of alcohol on breath
• Slurred speech
• Fumbling to comprehend the officer’s questions
• Staggering when exiting vehicle
• Swaying/instability on feet
• Leaning on car for support
• Combative, argumentative, jovial or other “inappropriate” attitude
• Soiled, rumpled, disorderly clothing
• Stumbling while walking
• Disorientation as to time and place
• Inability to follow directions
Top
You just blew into the machine and it
showed your BAC was over .08, should you just plead guilty?
No. It is very unlikely you are going to gain any benefit by
pleading guilty in your case. You have a constitutional right to
require the State of Arizona to prove that you are guilty beyond a
reasonable doubt. There is nothing wrong with exercising your rights
and making the State prove its case. Top
The officer never gave you a “Miranda”
warning. Can you get your case dismissed?
No. The officer is supposed to give a 5th Amendment warning after he
or she arrests you. Often, however, they do not. The only
consequence is that the prosecution cannot use any of your answers
to questions asked by the police after the arrest.
Top
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