Frequently Asked Arizona DUI Questions

What are the penalties for an Arizona DUI conviction?

Arizona has some of the toughest DUI laws in the country. In Arizona, some of the possible consequences for a DUI conviction are: (1) a mandatory jail or prison term; (2) probation or parole; (3) loss of your driver's license; (4) mandatory installation of an ignition interlock device; (5) loss of automobile insurance or SR22 insurance; (6) court-mandated driving school; and (7) fines. Take a look at all of the Arizona DUI Penalties here.

What if you are an out-of-state visitor arrested for DUI?

Often someone who is just visiting Arizona from another state is charged with a DUI. We have handled many such cases in the past, and we will work so that you can handle your case by telephone with the court and the Department of Motor Vehicles.

Getting a DUI in Arizona can affect your driving privileges in the state you reside in, with consequences varying by state. Depending on the court in which your DUI is being handled and your particular facts of the case, you may be able to resolve your DUI without returning to Arizona.

What happens if you refuse to take a blood or breath test in Arizona?

This depends. You can refuse to take a portable breathalyzer test before you have been arrested, but after you have been arrested, if you refuse to take the breath or blood test, your driver's license will be taken away for at least one year. Even then, after your refusal, many officers will obtain a search warrant and take your blood anyway.

If you are asked to take a field sobriety test by a police officer, can you refuse?

Yes you can. Field sobriety tests such as eye tests, one-leg stand, walk and turn, finger-to-nose tests and other tests are voluntary in the state of Arizona.  Do not take them, it is extremely unlikely it will help you.

Do you have the right to an attorney before a police officer asks you to take a field sobriety test?

No. Arizona Courts have ruled that you have no right to counsel until you are placed under arrest. The officer is asking you to perform field sobriety tests in order to gather more evidence against you. In most circumstances, we recommend that you refuse the test and ask to speak with an attorney.

If a police officer asks me if I have been drinking, should I answer him?

The answer is NO! Your answer can be used against you as evidence, which is exactly why the officer is asking you this question. You have the right to remain silent and the right against self-incrimination. If this happens, you should politely decline to answer the question and ask to call your attorney at (480) 390-2537.

Can I choose the type of chemical test I take if pulled over for DUI?

There are three common DUI tests in Arizona - breath, blood, and urine. You cannot choose which type you prefer to take. 

You do, however, have the option of obtaining your own independent sample. The type of DUI sample you should obtain depends on what happens when you are pulled over, and what type you are given at the time. 

What is implied consent, and does it affect my case?

Arizona DUI laws state that any person that operates a motor vehicle and is pulled over and arrested for DUI (or another drinking related offense) is presumed to have given consent implicitly for a chemical test (breath, blood, or urine.) Therefore, if you were to refuse to take the chemical test (of the officer's choice), they may obtain a search warrant and take a sample of your blood by force.