Being pulled over or arrested for DUI in Arizona is a frightening experience. Arizona has some of the toughest DUI laws in the nation, and a single mistake can lead to jail time, license suspension, and a permanent criminal record. Knowing how to protect your rights from the very beginning can make a major difference in the outcome of your case.
- Pull Over Safely and Remain Calm
If an officer signals you to pull over, do so as soon as it is safe. Use your turn signal, slow down, and stop in a safe location. Avoid sudden or erratic movements, as officers will be observing your behavior from the start. Keep your hands visible on the steering wheel when the officer approaches.
- Detained vs. Arrested: What’s the Difference?
Many people confuse being detained with being arrested, but they are not the same:
- Detained: This means an officer is temporarily holding you because they have reasonable suspicion you may have committed a crime or traffic violation. During a detention, you are not free to leave, but you have not been formally arrested. A traffic stop is a type of detention.
- Arrested: This means an officer has probable cause to believe you committed a crime and is taking you into custody. You will typically be handcuffed, searched, and transported to jail or a police station.
Understanding the difference matters because your legal rights and obligations can change once you are formally arrested. For example, you can refuse field sobriety tests while detained, but if you refuse the chemical test after arrest, your license can be suspended under Arizona’s implied consent law.
- Provide Your License, Registration, and Insurance
Arizona law requires you to provide your driver’s license, vehicle registration, and proof of insurance upon request. Keep your answers short and polite. Do not volunteer extra information about where you’ve been or whether you’ve been drinking. Anything you say can be used against you later.
- Exercise Your Right to Remain Silent Clearly
You have the right to remain silent under the Fifth Amendment. However, simply staying quiet is not enough. In Berghuis v. Thompkins, 560 U.S. 370 (2010), the U.S. Supreme Court held that you must clearly state that you are invoking your right to remain silent. A simple statement such as, “I am exercising my right to remain silent,” will protect you. After that, stop talking.
- Decline Field Sobriety Tests Politely (If Detained)
Field sobriety tests (like walking in a straight line or standing on one leg) are voluntary in Arizona. Politely decline them, as these tests are subjective and often used to build probable cause for an arrest.
- Should I consent to a blood draw or breath test?
Once you are formally arrested, Arizona’s implied consent law requires you to take a chemical test (breath, blood, or urine). Refusing this test can lead to a one-year license suspension, even if you are not convicted.
- Request an Attorney Immediately (If Arrested)
As soon as possible, state that you wish to speak with your attorney before answering any questions. In Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court affirmed your right to consult an attorney during police questioning. Once you ask for a lawyer, officers must stop interrogating you. They may attempt to pressure you by asking which attorney you will use or suggesting you will wait in jail until your lawyer arrives, but do not be intimidated. The interview is over unless you voluntarily start speaking again.
- Do Not Consent to a Search
Officers may ask for your permission to search your car. Unless they have a warrant or a valid legal exception, you are not required to consent. Politely say, “I do not consent to any searches.” This protects your Fourth Amendment rights and can preserve legal defenses later.
- Contact a DUI Defense Attorney Right Away
DUI cases in Arizona move quickly. Your driver’s license could be suspended before your first court date. An experienced DUI defense attorney can request hearings, examine whether the traffic stop and arrest were legal, challenge chemical test results, and build a strong defense on your behalf.
Protect Your Rights with Damianakos Law
At Damianakos Law, we have extensive experience defending clients against DUI charges in Arizona. If you or a loved one has been stopped or arrested for DUI, call 520-222-8270 immediately. The sooner we get involved, the more we can do to protect your driving privileges and your future.
