The DUI Process in Arizona
When you are arrested for DUI in Arizona, you are suddenly pulled into a process that most people know nothing about. Criminal court, administrative hearings, deadlines you did not know existed—all of it lands on you at once. It is disorienting, and the lack of information makes it worse.
One thing we tell every new client: the system is designed to process cases efficiently, not to protect individual rights. An attorney’s job is to slow things down enough to make sure your rights are actually protected at each step.
The Traffic Stop
Every DUI case begins with a stop. In most cases, this is a traffic stop initiated because an officer observed a moving violation like weaving, speeding, running a stop sign, or a broken taillight. In other cases, it is a DUI checkpoint (which Arizona courts have upheld as constitutional when conducted properly) or a report from another driver.
The legality of the stop is critical. If the officer did not have reasonable suspicion, any evidence obtained afterward may be suppressible under the Fourth Amendment.
Field Sobriety Tests and Preliminary Breath Test
After the stop, the officer may ask you to perform standardized field sobriety tests (SFSTs). The three standardized tests are the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. These are subjective assessments performed under stressful conditions—on the side of a road, at night, with police lights flashing—and they can be challenged effectively.
Field sobriety tests are not mandatory. You can decline, though the officer may use your refusal as one factor in deciding whether to arrest you. The officer may also ask you to blow into a portable breath test (PBT) device at the scene. PBT results are generally not admissible in court to prove a specific BAC.
Arrest and Chemical Testing
If the officer determines probable cause, you will be arrested and transported to a station or mobile DUI processing van for a formal chemical test—either breath on a certified Intoxilyzer or a blood draw.
Under Arizona’s implied consent law (A.R.S. 28-1321), holding an Arizona driver’s license means you have already agreed to submit to testing. Refusal triggers a 12-month suspension (24 months for a second within 7 years), and the officer can obtain a telephonic search warrant for a blood draw. In Maricopa County, those warrants are issued quickly.
We had a case where the telephonic warrant process took almost two hours because of a miscommunication between the officer and the judge’s office. By the time the blood was drawn, the rising blood alcohol defense became viable, and we used that delay as a cornerstone of the defense strategy.
The Admin Per Se Hearing
Separate from the criminal case, the MVD initiates an administrative proceeding to suspend your license. You have 15 days from the date of arrest to request a hearing. The hearing provides your defense attorney with valuable discovery, including the officer’s testimony under oath.
Arraignment
The criminal case begins with an arraignment—a formal appearance where you are advised of charges and asked to enter a plea. For misdemeanor DUI cases in Maricopa County, arraignment usually takes place in the city or justice court with jurisdiction over the arrest location. Felony cases are handled in Superior Court. Most defendants enter a plea of not guilty to preserve all rights.
Pretrial Conferences and Motions
After arraignment, the case moves into a pretrial phase. Your attorney receives disclosure from the prosecution and determines what pretrial motions to file. Common motions include motions to suppress evidence, motions to compel additional disclosure, and challenges to the admissibility of specific evidence. The outcome of pretrial motions can significantly affect the trajectory of the case.
Resolution
DUI cases resolve through dismissal, plea negotiations, or trial. The right path depends on the facts of each case. An experienced DUI defense attorney evaluates every available option and recommends the approach that offers the best likely outcome.