Police Observation
If you are suspected of DUI in Arizona, the police will spend some time observing your vehicle while you are driving. The police must have just cause to pull you over. The legitimacy of “the stop” is a common target for DUI lawyers.

Some common indicators include:

a) Turning With Wide Radious
b) Almost Striking An Object
c) Weaving
d) Appearing To Be Drunk
e) Swerving
f) Driving Far Below The Speed Limit
g) Stopping Without Reason
h) Drifting
i) Tires On Lane Marker
j) Signaling Inconsistent With Driving Actions

The Stop
If the police officer feels that there is a legitimate reason, they will flash their red and blue lights and pull your vehicle over. During this time they will observe how quickly you react to their lights. If you react slowly or break traffic laws in the process, the police officer will make notes on this and use it as evidence against you in court.

Screening
Once you have safely pulled off the road, the officer will approach your vehicle and proceed with initial questioning such as “Where are you coming from?”, “Did you have anything to drink tonight?”, or “Did you know that you – while you were driving?”. It is important to remember that Arizona DUI law does not require you to answer these questions. Even though you might be taken to jail as a result, it is usually in your best interests to politely inform the officer that you would like to exercise your right to remain silent. You may also request to speak with a DUI lawyer at this time. During the initial questioning, the police officer is collecting evidence against you. Everything you say can be used against you in a court of law. In addition, any observations that the officer makes such the appearance of bloodshot eyes, the odor of alcohol and/or open containers may be used as evidence against you.

Driver’s License, Vehicle Registration
and Proof of Insurance
It is standard practice for the police officer to ask to see your Driver’s License, Vehicle Registration and Proof of Insurance. Arizona law requires that your carry these items at all times while you are driving. If you cannot provide all of these items, you may receive an additional citation. The police officer will take notes on how efficiently you locate these items. If you have a difficult time locating these items and fumble around the officer will make note of this and enter it into the report.

Field Sobriety Tests
Arizona DUI law does not require you to complete field sobriety tests. However, the officer will ask you to volunteer. Many people think that taking the field sobriety tests will help them by showing that they are not impaired. This is not at all true! Even someone that was not drinking at all would have a difficult time passing these tests. Furthermore, your performance on these tests just adds to the mounting evidence against you. Therefore, it is usually in your best interests to decline when asked if you are willing to take the field sobriety tests. Field sobriety tests usually include walking on a straight line, standing on one leg while counting to ten, touching your nose, and following a light beam with your eyes. If you have any medical conditions that would prevent you from successful performing the test(s) requirements and you choose to attempt them be sure to inform the officer of your condition.

Blood, Breath, or Urine Tests
Once the officer has collected all the evidence they need at the scene, you will be transported to the police station, hospital, or a DUI processing station (usually a van) where you will need to submit to a blood, breath, or urine test. In Arizona, refusal to take these tests will result in an automatic 1-year suspension of your driver’s license. If you were stopped in Phoenix, you will be asked to blow into a machine called the Intoxilizer 5000. The Intoxilizer 5000 is known to be unreliable and is often the corner stone for defense. If you feel that the test results yielded inaccurate results, you may have a blood test administered at a nearby hospital. Blood test(s) give much more accurate results. Most other cities in Arizona have moved away from using the Intoxilizer 5000 and administer blood test(s).

Miranda Rights
“…you have the right to remain silent, anything you say can and will be used against you in a court of law…”. As it states, Miranda is your right not to answer questions or speak with police without an attorney present. Police must read you your Miranda rights if they intend to question you after you have been placed under arrest or are otherwise detained. Unfortunately, many people make the mistake of assuming that the police cannot question you without reading you your rights first. You do have the right to remain silent at all times, however, police are not required to read you these rights until after you have been arrested. Therefore, the police will probably not read you your rights until after they have received your breath, blood, or urine test results.

Wrap Up
If your test results show a blood alcohol level above Arizona’s legal limit of 0.08, you will receive a citation for DUI. Your Arizona driver’s license along with the key to your vehicle will be confiscated. (You may pick up your key at the police station ten hours after receiving the citation.) You’ll then be given a packet including your citation and released. A friend, family member, or taxi will need to be contacted so that they can give you with a ride home.