It can be incredibly upsetting and distressing to be arrested for a DUI. Knowing the right course of action during and after a DUI arrest in Tucson, Arizona is crucial.
Here are some suggestions from Thrush Law for what to do after being detained:
Step 1: Understand the Implied Consent Law in Arizona
When you apply for and accept the privilege to drive a vehicle in Arizona, you give consent to test for blood alcohol concentration or drug content if you are arrested for driving while under the influence of intoxicating liquor or drugs (DUI). This is known as the Implied Consent Law.
Step 2: Be courteous with law enforcement and ask to speak to a lawyer. Invoke your rights.
When you are arrested for DUI, the police will take your license and give you a temporary one that is good until your hearing that you MUST request. The Arizona Motor Vehicle Department (MVD) will be notified by law enforcement of the arrest, and the license suspension will begin in about 30 days.
Step 3: Submit to Testing
When a law enforcement officer has reason to believe you have been driving while under the influence, the officer will request that you submit to a test of your blood to measure the amount of alcohol or drugs present in your bloodstream. Immediately following an arrest for DUI, police will have your blood collected in the field. Usually after this point, you will be released, and someone can come pick you up.
Step 4: Understand the Penalties
You will lose your driving privileges if you are pulled over for suspected drunk driving and a test reveals that you have an alcohol concentration of 0.08 percent or higher (0.04 in a commercial vehicle requiring a commercial driver’s license), or if a blood alcohol or drug test result is unavailable. Before you get a limited permit or get your driving privilege back, you must be evaluated.
DUI penalties vary depending on whether it is your first offense or not:
- For a first offense, you will be jailed for 10 consecutive days (with a maximum sentence of 6 months; however, usually nine of those ten days will be suspended) and fined about $1,500, plus you will pay Jail and Court costs. The Arizona Motor Vehicle Division (MVD) will suspend your driver’s license for 90 days. After the first 30 days, it is possible you may be eligible for a restricted license that allows driving to work or school. You may also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device and be ordered to perform community service. Typically, a first-time offender will also be placed on probation for up to 5 years.
- For a second offense, you will be jailed for a minimum of 60 days (with a potential maximum of 6months), fined about $2,700 plus jail and Court cost and your license will be revoked for 12 months. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device and be ordered to perform 30 hours of community service. You are also likely to face probation for up to 5 years.
- If you commit a third violation, you will face a minimum of 4 months and a maximum of 3.75 years in prison and a three-year license suspension. Additionally, you will be forced to complete community service, go through alcohol screening, education, and treatment, have a certified ignition interlock device installed in any car you drive, and undergo alcohol screening, education, and treatment. Additionally, a felony probationary period of up to ten years.
Step 5: Seek Legal Representation
It is important to ask for a lawyer during the investigation and ask for legal representation before being arrested for a DUI, and before taking any tests. A lawyer can help guide you through the legal process and ensure that your rights are protected. Our experienced Tucson DUI attorneys at Thrush Law Group are prepared to discuss your case and the best course of action with you during a free consultation (read more about us here).
In conclusion, being arrested for a DUI can be overwhelming, but it is important to understand the steps that need to be taken after you are arrested. Understanding the Implied Consent Law, understanding the penalties and seeking legal representation are all important steps that should be taken when being arrested for a DUI in Arizona, and Thrush Law Group is here to guide you through every step of the process with your best interests in mind. To schedule a free consultation with our experienced DUI lawyers in Tucson, click here.
