Each state has different laws and penalties related to driving under the influence of drugs or alcohol, but rights granted by federal and state Constitutions are still protected. A DUI (also known as driving while intoxicated, or DWI) is issued when a driver is under the influence of alcohol, prescription drugs or non-prescription drugs. In Arizona, as in every state, a person is presumed intoxicated when his or her blood alcohol content reaches 0.08 percent.
Typically, a DUI arrest starts with a traffic stop. In order for a DUI traffic stop to be valid, the officer must have probable cause to believe that a person is under the influence of drugs or alcohol. This is a protection granted by the Fourth Amendment of the U.S. Constitution. Probable cause includes any kind of traffic violation or if the driver is operating the vehicle erratically. Sudden changes in acceleration or deceleration are indicative of behavior that would constitute probable cause. Additionally, in some states, including Arizona, law enforcement can erect DUI checkpoints where officers can legally make stops, even without probable cause, in order to check for valid driver's licenses and DUI.
After the traffic stop, the officer may ask the driver to submit to a field sobriety test. In most states, the driver is not obligated to participate in the test. However, if the driver refuses to take the test, the officer may still arrest the driver on suspicion of drunk driving. Common field sobriety tests include looking for involuntary movements, walking in a straight line, walking and turning, and other balancing tests. The driver may be arrested if the results of the field sobriety test give the officer cause to arrest the driver.
Before the officer makes the arrest, the driver must be given Miranda rights. When the arrest is made, the driver is taken to a police station and is required to take a blood, urine or breathalyzer test. Failure to follow the proper arrest procedure may be grounds to dismiss the charges.
DUI Penalties
Arizona has some of the toughest penalties imposed on DUI offenders in the nation. If a driver is convicted of DUI, they may face fines, jail time, license suspension or license revocation. Arizona law also allows the court to direct a first time offender to put an ignition interlock device in their vehicle. The IID requires the driver to test his or her BAC before the vehicle will start.
In order for any evidence to be admitted to court, law enforcement must have taken all actions in accordance with your constitutional rights. If you have been arrested for a DUI, consult an attorney who can help you understand your rights and constitutional protections.
