Arrested for DUI in Arizona? Here’s What You Need to Know
Nothing ruins a trip (or a tour) faster than getting a DUI. Getting arrested for driving under the influence in Arizona is a serious situation, and it comes with potentially serious consequences that range in severity. But not everyone arrested for a DUI should have been arrested. Sometimes the police lack probable cause, and sometimes the tools police use are inaccurate. Here is some important information to know about DUI laws in Arizona and about your rights.
What Are the DUI Laws in Arizona?
Under Arizona law, it is a misdemeanor to drive or be in “actual physical control” of a vehicle if you are impaired to the slightest degree or have a blood alcohol concentration (BAC) of 0.08 or more (A.R.S. § 28-1381). The same law makes it a misdemeanor to drive under the influence of certain drugs.
If your BAC is 0.15 or above, you’re in the “extreme” category. If it’s 0.20 or above, you’re in the “super extreme” category. Both come with harsher penalties (A.R.S. § 28-1382).
A DUI can become a felony if it’s considered “aggravated” (A.R.S. § 28-1383). An aggravated DUI happens if you’re driving under the influence with a suspended or revoked license, if it’s your third DUI within 84 months, if there’s a child under 15 in the vehicle with you, or if you were driving the wrong way on a highway.
A regular misdemeanor DUI comes with potential jail time, though some of it can often be suspended. A felony DUI comes with potential prison time, although mitigating factors can result in better outcomes.
How Do I Avoid Getting Arrested for a DUI in Arizona?
Of course, the best thing to do is not drink and drive. But there are two issues with that.
Number one is that it’s not illegal to have a drink and then drive. If you are not impaired at all and your blood alcohol level is below 0.08, no crime has been committed.
The other issue is this: being completely sober, or having a valid defense (such as a valid prescription for a drug), doesn’t by itself save you from being arrested for a DUI. Police have arrested and charged people with DUI even when they didn’t blow a positive alcohol result on a roadside breath test.
So What Do I Do If I’m Pulled Over?
First things first: know your rights.
You do not have to answer any incriminating questions the officer asks you. (You do still need to hand over your license, registration, and insurance.) When they’re investigating a DUI, they’ll likely ask how many drinks you’ve had. You don’t have to answer that question.
They might ask if you mind doing a few tests. These are usually called “field sobriety tests,” and police might say they’re just to make sure you’re safe to drive. That is not what they’re for. They’re there to get probable cause to arrest you. You do not have to do these tests, and they’re very easy to fail, even if you’re sober.
They may also ask if you’re willing to take a roadside breathalyzer test. These roadside breath tests are not reliable and are often inaccurate. They usually can’t be used as evidence in court, but they can be used to establish probable cause. Roadside breath tests are not mandatory, and you do not have to take them.
One important exception: if you’re arrested and asked to take the official breath, blood, or urine test afterward, that’s different. Refusing that test under Arizona’s implied consent law means an automatic license suspension of at least a year. If you can, talk to an attorney before you decide.
None of the roadside stuff is done to help you. All of it is done to establish probable cause for an arrest, and even if you pass every test, they may arrest you anyway.
That’s Nice, but I’ve Already Been Arrested for DUI. What Should I Do?
Ask to speak to an attorney. The sooner you talk to an attorney about your case, the better. Once you’ve been arrested (formally or informally) and you invoke your right to counsel, the police must stop asking you questions. If they keep asking questions, that can be damaging to their case against you.
Depending on your situation, you might be charged right away, or it could be up to a year after your arrest. Either way, it’s a good idea to contact an attorney as soon as possible.
That’s why Retrograde Legal is available for DUI consults on nights and weekends. Flat fees are available!
Quick Answers About Arizona DUIs
What’s the legal limit in Arizona?
0.08 BAC. But you can still get a DUI below that if police say you were impaired to the slightest degree.
Do I have to do field sobriety tests?
No. They’re voluntary, and they’re easy to fail even when you’re sober.
Do I have to take the roadside breathalyzer?
No. The roadside test isn’t mandatory. Refusing the official test after an arrest is a different story, and it can cost you your license for a year.
Can I get a DUI if I’m sober?
Yes, unfortunately. People get arrested over unreliable tests and prescription medications all the time. An arrest isn’t a conviction, though.
When does a DUI become a felony in Arizona?
When it’s aggravated: a suspended license, a third DUI within seven years, a child under 15 in the car, or driving the wrong way on a highway.
This post is for general information and isn’t legal advice.
