Differences Between a DUI and a DWI in Arizona

The acronyms DUI (driving under the influence) and DWI (driving while intoxicated) are often used interchangeably across the nation. However, when it comes to state-specific terminology, Arizona recognizes only the first acronym—DUI. If you’re arrested for driving while intoxicated in the Grand Canyon State, you may be charged with a DUI. 

Arizona has a reputation for being the toughest state on DUI offenders, including first-time offenders. If convicted, you may face several harsh penalties, including jail time, hefty fines and driver’s license revocation.

If you or your loved one has been arrested for DUI, it’s important to know what happens during and after the arrest. A skilled DUI defense lawyer may be able to help fight the charges you or your family member is facing.

What Happens When You’re Arrested for DUI in Arizona?

Under Arizona law, you can be arrested for DUI if a law enforcement officer has reason to believe you were impaired while operating a motor vehicle. If a police officer pulls you over for a traffic violation and suspects you’re under the influence of drugs or alcohol, they may ask you to submit to a field sobriety test.

BAC, which stands for blood alcohol concentration limit, refers to a measure of alcohol in a person’s bloodstream. In Arizona (as well as other states) the legal BAC limit is .08 percent. An elevated BAC exceeding .08 percent may result in a DUI charge and subsequent conviction.

In some cases, people under .08 percent may be charged with a DUI, such as in cases of minors where there is zero-tolerance. If a law enforcement officer pulls you over and believes drugs or alcohol are impacting your ability to safely operate a vehicle, you might be arrested, even if your BAC is below .08 percent.

If you’re arrested for DUI, you’ll be taken to jail. There, you may be asked to breathe into a breathalyzer or provide blood and urine samples for a precise BAC result. Keep in mind, these tests aren’t mandatory, and you have every right to refuse them (although there may be consequences).

At this point, you’ll likely be able to go home, but someone will need to pick you up. If your DUI case is serious and there are aggravating factors, such as previous DUI convictions or a suspended license, you may have to remain in jail.

Following your release your driver’s license will become suspended. However, you have the right to contest the suspension by requesting a license suspension civil hearing. You must request this hearing within 15 days of receiving notice of your arrest and license suspension.

The next step in the process involves attending a plea hearing where a judge reads you your charge. You’ll be asked how you wish to plead (guilty, not guilty or no contest). This is a critical point in the process, and you may want to consult with a DUI defense lawyer before entering a plea. A skilled and trusted lawyer can carefully evaluate your case and help you determine your best option.

What Are My Rights If I’ve Been Arrested for DUI?

During each phase of the DUI process, you have several rights, which include:

• No matter how compelling the evidence in your DUI case may be, you still have the right to a fair trial.
• You have the right to refuse a breathalyzer, blood or urine test that measures your BAC.
• You have the right to a defense attorney, who may be either appointed by the state or hired by you.
• You have the right to refrain from any conversations with the prosecutor, especially if they pertain to your DUI case and take place outside of the courtroom.
• You have the right to remain silent and have your attorney handle all matters pertaining to your DUI case.
• When a police officer arrests you, they must inform you of your Miranda rights. A typical Miranda warning states you have the right to remain silent and anything you choose to say may be used against you in court.

Are You Facing DUI Charges in Arizona? Contact the Law Office of Michael Alarid III in Phoenix

If you’ve been arrested for DUI, you’re likely anxious about the harsh penalties you may have to endure. Attorney Michael Alarid III is board certified through the National College for DUI Defense (NCDD). Receiving guidance and solid legal representation from a trusted and reputable DUI defense lawyer who knows these laws inside and out can bring you much-needed peace of mind.

Schedule your free consultation today by calling 602.818.3110.