If you’ve been arrested for a DUI in Arizona, several processes begin. The first will be around your driver’s license and the second will be the criminal process. Both can have an impact on your record going forward. If you’ve been arrested for a DUI in Phoenix, it can be difficult to understand what will happen next due to the confusing paperwork and unclear timelines. It can be beneficial to speak to a DUI Defense Lawyer in Phoenix. Every case is unique but this is a guide.
The two tracks of a DUI case
The majority of criminal cases within Arizona will have a similar process. This will involve being stopped and arrested, the decision by the prosecution about what charge to bring against you. Then you will have several court dates and the case will be resolved. This could be through a dismissal, plea deal or a verdict. If found guilty you will receive a sentence.
However a DUI will also involve another process carried out by the Arizona Motor Vehicle Division (MVD). This can only impact your driver’s license and while it will happen alongside the criminal process, it will have its own timeline. This can cause confusion.
Step by step, from the stop to the first court date
The stop and chemical testing
You may be asked to complete field sobriety tests or blow into a portable breath test. If you are arrested then you will be asked to give a sample. You may be asked to provide a breath, blood or urine sample. If you fail the test (this can be by refusing the test or having a reading at or over the legal limit) then your license can be administratively suspended under Arizona’s implied consent laws.
Booking
If you are arrested then you will usually be taken to jail to be booked. This will include taking fingerprints, photographs and paperwork. In some cases people will be given a citation and released.
The initial appearance
Those who are in custody will need to appear before a judge within 24 hours. During this initial appearance the judge will explain the charges, explain the defendant’s rights and set conditions for release. If the initial appearance hasn’t happened in time then generally the person will need to be released.
The license suspension
Here is where the time sensitive aspects come in. In the case of a first offense your license will generally be suspended for at least 90 days. Often this will be 30 days where you can’t drive at all, then 60 days where you can drive to places like work/school. If you refuse to complete the test then your license will generally be suspended for 12 months. You will have 30 days from receiving the notice to request a hearing. If you don’t then it will automatically be suspended.
Those who are found guilty of an alcohol-related DUI will usually be required to fit an ignition interlock device. This will require you to blow into a machine to start your car.
Charges and arraignment
The prosecution will review your case and decide upon what charges to bring. At the arraignment you’ll be informed of the charges and enter a guilty or not guilty plea. Some courts will combine this with the initial appearance.
How do Arizona DUI court proceedings work?
Following the arraignment, your case will go into pretrial. This will vary depending on your case but will generally involve pretrial conferences with both parties discussing the position of the case. Discovery will also be carried out whereby the prosecution will hand over police reports, test results and any video. Motions will also be filed whereby either party will request a decision from the judge on a legal matter. Plea bargaining may also happen.
If your case isn’t resolved then it will go to trial. The prosecution will have to prove each element of the offense beyond a reasonable doubt. If you are found guilty or plead guilty then you will receive a sentence. In the case of a DUI this can include jail, fines, probation, alcohol screening/testing and requirements around your license.
What to write down after a DUI arrest
It can be easy to forget details after a stressful evening. Making notes shortly after can help you when explaining what happened. Make sure to keep these personal and not post them online. Notes to make include:
- Where and when you were stopped
- Why you were stopped
- What was said
- What tests you were asked to complete and how they were explained
- Weather, light and road conditions
- Medical conditions, medication or injuries
- What you had eaten or drunk and when
- Who was with you or witnessed the stop
Make sure to only note down information you actually recall. Don’t guess. Don’t post anything online about being arrested as this can be used as evidence.
How a DUI can affect your job, visa or professional license in Arizona
Most people will be concerned about employment. If you have a pending DUI or are found guilty then this may show up on a background check. Some employers will also ask about DUIs, particularly if you have a driving related job.
Those in commercial roles will have stricter rules. Federal and state rules may apply to those with a CDL meaning you may not be able to continue driving commercially following a first offense.
Those in professional roles (such as nursing and teaching) may need to declare the arrest/conviction to their licensing board. It’s worth checking what the rules are with your board early.
Non-citizens may see an impact on their visa/green card status if they are found guilty of a DUI. In some cases this can also impact a family member. Speak to an immigration attorney who knows your situation.
Insurance
Generally you will have increased premiums if you are found guilty. Many drivers will have to provide proof of insurance (often known as an SR-22) to the state.
Key takeaways
- A DUI arrest usually starts two separate cases: a criminal case in court and an MVD process for your license.
- You generally have 30 days from the suspension notice to request a hearing, so read the paperwork right away.
- Court cases typically move through an arraignment and a pretrial stage before ending in a plea, a dismissal or a trial.
Talking to a Phoenix DUI lawyer
As there are two timelines to consider (the license and criminal process) speaking to a DUI Defense Attorney in Phoenix shortly after your arrest may help keep things on track.
Disclaimer: This content is provided for educational and informational purposes only and should not be taken as legal advice. DUI laws and procedures can vary depending on the specific facts of each case and applicable Arizona law.