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When Can I Be Arrested For DUI in Arizona?


Despite the common misconception that you must be “drunk” to be arrested for DUI, the laws in Arizona simply state that you can be arrested for being in “actual physical control” of your vehicle while you are “impaired to the slightest degree” by drugs or alcohol.

This means that, depending on the circumstances, an officer could arrest you for DUI even if you’ve had as little as one drink and you haven’t even pulled into traffic yet.

Once an officer or law enforcement agent determines that you might be impaired or under the influence, he or she may proceed to conduct Field Sobriety Tests or FST’s. These standardized tests have proven to be effective in detecting alcohol or drug-impaired drivers. Law enforcement agents use these tests and their judgment to determine whether you should be placed under arrest for DUI.

Another common misconception is that you must complete and fail a breath or blood alcohol test in order to be placed under arrest. You may be detained and arrested before any kind of chemical test takes place. A DUI suspect is typically taken to a precinct or mobile DUI van for the actual breath or blood test.

It’s at this point where you are typically reminded of your rights, which include the right to remain silent and the right to speak to an attorney. These are very important rights to invoke. Once you indicate that you plan on invoking either of these rights, questioning from the arresting officers should stop immediately. Continuing to answer questions could make your case worse and you may actually incriminate yourself without realizing it.

Once you’ve been arrested or even pulled over for DUI, it’s important to contact Mesa Arizona DUI attorneyCharlie Naegle. With years of experience working in the legal system, Charlie will use his knowledge and expertise to have your case dismissed or the charges lessened. Your first consultation is free, so don’t hesitate to call ASAP.

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