Pulled Over for DUI in Arizona: What to Do

TL;DR

If you are pulled over for DUI in Arizona, stay calm, comply with basic identification requirements, and exercise your right to remain silent on impairment questions. You can decline field sobriety tests without automatic license consequences, but refusing a chemical test triggers a 12-month license suspension under Arizona’s implied consent law. See our guide on Arizona DUI laws under ARS 28-1381 for the full breakdown.

Getting pulled over when an officer suspects you of drinking is one of the most stressful experiences a driver can face. Your heart rate spikes. Your hands shake. You start second-guessing every word before it leaves your mouth. In those first few seconds, most people make decisions based on fear or confusion, and those decisions can follow them through months of criminal proceedings.

Arizona has some of the strictest DUI laws in the country. Under ARS §28-1381, you can be charged with DUI if you are impaired “to the slightest degree,” a standard that gives prosecutors enormous flexibility. The state also prosecutes Extreme DUI at a BAC of 0.15 or above, and Aggravated DUI (a felony) for third offenses within 84 months, driving on a suspended license, or having a child under 15 in the vehicle.

What you do during a DUI stop directly shapes the evidence the state can use against you. This guide walks through each phase of the encounter, from the moment you see flashing lights in your mirror to the hours after you leave the police station, so you understand your rights and how to exercise them.

What Officers Are Watching for Before They Pull You Over

A DUI stop does not begin when the officer walks up to your window. It begins while the officer is still behind you, watching how you drive.

The National Highway Traffic Safety Administration (NHTSA) publishes a manual that trains officers to identify 24 specific driving cues associated with impaired drivers. These cues fall into four categories: problems maintaining proper lane position, speed and braking irregularities, vigilance problems, and judgment problems.

Officers are looking for weaving within a lane, drifting across lane lines, making wide turns, braking erratically, driving significantly below the speed limit, stopping too far from or too close to an intersection, or responding slowly to traffic signals. A driver does not need to be swerving across a highway to attract attention. Something as subtle as straddling a lane line for a few seconds or tapping the brakes without cause gives an officer enough reason to initiate a traffic stop.

This matters because the officer’s observations before pulling you over become the foundation of the probable cause analysis. Everything the officer sees from the moment of first contact is going into a report. Your driving behavior is the first chapter of that report, and it starts writing itself before you even know you are being watched.

Step One: Pull Over Safely and Deliberately

When you see the flashing lights, signal immediately and begin looking for a safe place to stop. Pull to the right side of the road. If you are on a highway, move to the shoulder. If you are on a surface street, look for a parking lot or wide section of road.

Do not slam on your brakes. Do not pull over in a dangerous or illegal location. Do not keep driving for an extended distance. Officers note how long it takes you to pull over and whether you do so safely. Overshooting a turn into a parking lot, pulling over on the left side of the road, or stopping in the middle of a lane are all things that will appear in the police report as indicators of impairment.

Once stopped, turn off your engine. Turn on your interior dome light if it is dark outside. Place your hands on the steering wheel where the officer can see them. Do not start rummaging through your glove compartment for your registration before the officer approaches. Officers are trained to interpret sudden movements as either an attempt to hide something or a potential safety threat.

Step Two: Be Polite, Be Brief, and Say as Little as Possible

This is the phase where most people hurt their own cases. The officer will ask for your license, registration, and proof of insurance. Provide them. The officer will also ask questions designed to gather evidence: “Where are you coming from tonight?” “Have you had anything to drink?” “How many drinks did you have?”

You are not required to answer these questions. You have a Fifth Amendment right against self-incrimination that applies during a traffic stop. The polite and effective approach is to hand over your documents and say, “I would prefer not to answer questions without an attorney present.” You do not need to explain why. You do not need to justify the decision. A brief, calm statement is enough.

What you should not do is lie. Telling an officer you had “just two beers” does not help you. It gives the prosecution a recorded admission that you were drinking, which is all they need to establish that alcohol was in your system. Combined with any other indicator of impairment, that admission can support a DUI charge under the “impaired to the slightest degree” standard.

While you are interacting with the officer, everything about your behavior is being evaluated. The officer is noting whether your speech is slurred, whether your eyes are bloodshot or watery, whether there is an odor of alcohol coming from the vehicle, and whether your movements seem coordinated. You cannot control all of these observations, but you can avoid volunteering information that makes the officer’s case stronger.

Step Three: Understand That Field Sobriety Tests Are Voluntary

After the initial conversation, if the officer suspects impairment, the next step is usually a request to step out of the vehicle and perform field sobriety tests. These typically include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. The officer may also use a portable breath test (PBT), a handheld breathalyzer used at the roadside.

Here is the critical point: in Arizona, field sobriety tests are voluntary. You are not legally required to perform them. The portable breath test at the roadside is also voluntary. These are pre-arrest investigative tools, and you have every right to decline them.

There is a strong practical reason to decline. Field sobriety tests are designed so that even sober people can fail them. The Walk-and-Turn test requires you to walk a straight line, heel to toe, counting each step aloud, then pivot on one foot and walk back. The One-Leg Stand requires you to balance on one foot for 30 seconds while counting. Nervousness, uneven pavement, poor lighting, physical limitations, footwear, and age can all cause a sober person to “fail” these tests. Officers are grading you on a set of specific clues (two or more clues on the Walk-and-Turn indicates impairment according to NHTSA training), and many of those clues are subjective.

The HGN test, where the officer tracks your eye movement with a stimulus like a pen or finger, can be affected by medical conditions, medications, fatigue, and even contact lenses. Despite these known limitations, officers routinely testify that HGN results indicate impairment.

Politely declining looks like this: “I understand you are asking me to perform field sobriety tests. I respectfully decline.” You do not need to give a reason. The officer may tell you that refusing will make things worse. That is not accurate. The officer was likely going to arrest you regardless of how you performed, because the decision to request field sobriety tests usually means the officer has already formed a suspicion. What you are doing by declining is preventing the state from collecting additional evidence to use against you at trial.

The portable breath test (PBT) at the roadside is different from the chemical test administered at the station. PBT results are generally not admissible in Arizona courts to prove your BAC, but they can be used to establish probable cause for arrest. Declining the PBT removes one more piece of evidence from the officer’s report.

Step Four: If You Are Arrested, Comply Physically and Stay Quiet

If the officer decides to arrest you, there is nothing you can say at the roadside to change that outcome. Arguing, bargaining, or becoming agitated will only give the officer more observations to include in the report (“suspect became belligerent,” “suspect was argumentative and uncooperative”).

When the officer tells you that you are under arrest, comply. Turn around when asked. Allow yourself to be handcuffed. Get into the patrol car without resistance. Physical resistance during an arrest can result in additional criminal charges, including resisting arrest, and those charges carry their own penalties entirely separate from the DUI.

Once you are in the patrol car, stop talking. Do not try to explain yourself. Do not apologize. Do not make small talk with the officer. Everything you say is being recorded, either on the officer’s body camera, the patrol car’s dash camera, or both. Statements made after arrest but before Miranda warnings occupy a complicated legal space, and the safest approach is to say nothing beyond identifying information.

Step Five: Invoke Your Right to an Attorney at the Station

Arizona law provides a right to consult with an attorney before deciding whether to submit to a chemical test. This right comes from the Arizona Rules of Criminal Procedure and has been reinforced by Arizona case law. When you arrive at the station or a DUI processing facility, clearly state: “I want to speak with an attorney before deciding about the chemical test.”

The police must give you a reasonable opportunity to contact a lawyer. “Reasonable” typically means access to a phone and a limited window of time (courts have generally found that 30 minutes to two hours is reasonable, depending on circumstances). The police are not required to wait indefinitely, and they are not required to provide you with a lawyer. But they do need to give you a fair chance to reach one. Read more about whether police can search your phone after arrest.

Having an attorney on the phone, even briefly, before you make the chemical test decision is valuable. A lawyer can explain the specific consequences of taking versus refusing the test based on your situation, including factors like prior offenses, the likely BAC range, and the strength of the state’s case without a test result.

If you do not have a criminal defense attorney’s number saved in your phone, now is the time to fix that. Before you ever need it, store the number of a DUI defense firm in your contacts. Rideout Law Group handles DUI cases across Arizona and can advise you during these critical moments.

Step Six: The Chemical Test at the Station (Implied Consent Explained)

This is where the law changes significantly compared to the roadside tests. Under ARS §28-1321, Arizona’s Implied Consent law, anyone who operates a motor vehicle in the state has already given implied consent to a chemical test of blood, breath, urine, or other bodily substance if lawfully arrested for DUI. The law enforcement agency chooses which test to administer.

The chemical test at the station is fundamentally different from the voluntary field sobriety tests and portable breath test at the roadside. Refusing the station chemical test triggers automatic consequences.

If you refuse, the officer will file a certified report with the Arizona Department of Transportation (ADOT), and your driver’s license will be suspended for 12 months for a first refusal. A second refusal within 84 months results in a two-year suspension. These suspensions are administrative actions handled by the Motor Vehicle Division (MVD), separate from any criminal penalties that may follow a conviction. You can request a hearing to challenge the suspension, but the hearing must be requested within a specific timeframe. Our overview of how to challenge a DUI charge goes deeper into the rules.

Beyond the license suspension, refusing the chemical test does not guarantee you will avoid a DUI charge. Officers can (and frequently do) obtain a search warrant for a blood draw. Arizona law under ARS §28-1388 allows warrantless blood draws in certain circumstances, and the widespread availability of telephonic warrants means officers can often get judicial authorization within minutes. In practice, refusing the chemical test may result in both a 12-month administrative license suspension and a forced blood draw that provides the state with BAC evidence anyway.

The general recommendation from most DUI defense attorneys is to take the chemical test at the station. The license suspension for refusal is often more severe than the suspension following a DUI conviction, and refusing does not keep BAC evidence out of the case if the officer obtains a warrant. Taking the test preserves your ability to challenge the results later through your attorney, who can examine whether the testing equipment was properly calibrated, whether the blood draw was conducted according to protocol, whether the chain of custody was maintained, and whether the results are scientifically reliable.

Step Seven: What Happens at the Police Station After Arrest

Understanding the booking process reduces anxiety and helps you avoid mistakes. After arrest, you will be transported to a police station, a DUI processing van, or a detention facility. At the station, you will go through a booking process that includes being photographed, fingerprinted, and having your personal information recorded.

The officer will read you an Implied Consent form (sometimes called an “Admin Per Se” form) that explains the consequences of taking or refusing the chemical test. This is not the same as Miranda warnings. The Implied Consent advisement deals specifically with the chemical test decision and the administrative license consequences.

Miranda warnings (“you have the right to remain silent, anything you say can and will be used against you…”) are required before custodial interrogation. An officer who asks you questions about where you were drinking, how much you consumed, or when you last ate after placing you under arrest is conducting custodial interrogation, and Miranda warnings must precede those questions for your answers to be admissible. If the officer failed to read Miranda before questioning you in custody, your attorney can move to suppress those statements.

During the booking process, you may also be asked to submit to a second chemical test or additional processing. Cooperate with the booking procedures (fingerprinting, photographs, personal information) but continue to exercise your right to remain silent regarding the facts of the incident.

In many Arizona jurisdictions, first-time DUI offenders are released the same day with a citation and a future court date. You may be held for a period to allow your BAC to drop below a certain level before release. In some cases, particularly those involving very high BAC levels, accidents, or aggravating factors, you may be held longer.

Step Eight: Document Everything as Soon as Possible

Memory fades fast, especially after a stressful and disorienting experience. As soon as you are released and able to do so, write down everything you can remember about the stop, the arrest, and the processing. Be specific.

Write down where you were pulled over, what time it was, what the officer said, what questions were asked, what you said in response, whether field sobriety tests were requested, whether you consented or declined, what happened at the station, who was present, and how long each phase took. Note the weather conditions, road conditions, and lighting. Note whether you had any physical conditions that might have affected your appearance or balance (illness, injury, fatigue, medication).

If there were passengers in the vehicle, write down their names and contact information. If there were witnesses at the scene, note anything you can remember about them. If you remember the names or badge numbers of the officers involved, write those down too.

This documentation becomes your attorney’s starting point for building a defense. Details that seem minor to you, like the fact that the officer did not demonstrate the Walk-and-Turn test before asking you to perform it, or that the breath test machine at the station displayed an error code before your test, can become the basis for a successful challenge to the state’s evidence.

Step Nine: Hire a DUI Defense Attorney Before Your First Court Date

A DUI charge in Arizona carries mandatory minimum penalties that no judge can waive. Under ARS §28-1381, a standard first-offense DUI conviction requires a minimum of 10 consecutive days in jail (though a judge can suspend nine of those days upon completion of alcohol screening and treatment), fines and assessments exceeding $1,500, mandatory ignition interlock device installation, traffic survival school, and alcohol screening and treatment.

For Extreme DUI (BAC of 0.15 to 0.199), the mandatory minimum jumps to 30 consecutive days in jail. Super Extreme DUI (BAC of 0.20 or above) carries 45 consecutive days. Aggravated DUI, a class 4 felony, requires a minimum of four months in prison, with no possibility of probation, pardon, or commutation until that minimum is served.

Given these stakes, representing yourself is a serious mistake. A DUI defense attorney understands the technical aspects of breath and blood testing, the procedural requirements officers must follow, and the specific defenses that can result in reduced charges or dismissals. Common defenses include challenging the initial traffic stop (was there reasonable suspicion?), the arrest (was there probable cause?), the chemical test procedures (was the equipment calibrated? was the blood draw conducted properly?), and the officer’s adherence to required protocols.

Arizona requires mandatory jail time for DUI convictions, but the range between a minimum sentence and a maximum sentence is significant. An experienced attorney’s involvement often determines where within that range a client falls.

Common Mistakes That Damage DUI Cases

Certain errors come up repeatedly in DUI cases, and nearly all of them happen before a person ever speaks with an attorney.

Talking too much at the scene is the most common. Every word you say gives the officer material for the police report. “I only had a couple drinks with dinner” becomes a prosecution exhibit. The officer is not asking out of friendly curiosity. Every question has a purpose, and that purpose is building a case.

Performing field sobriety tests ranks close behind. People assume that passing the tests will lead to being released. In reality, officers administer these tests because they have already developed a suspicion, and the tests are structured to confirm that suspicion. Declining the tests removes ammunition from the state’s case without triggering any legal penalty.

Posting about the arrest on social media is increasingly common and consistently damaging. Anything you post publicly can be discovered by prosecutors. This includes check-ins at bars, photos with drinks, and comments about the arrest itself.

Failing to act quickly on the administrative license suspension is another frequent mistake. You have a limited window (typically 15 days from the date of the suspension notice) to request an administrative hearing to challenge the suspension. Missing that deadline means accepting the suspension by default.

Finally, hiring the wrong attorney matters. A general practice lawyer who handles the occasional DUI is not the same as a firm that focuses on DUI defense and understands the science behind breath and blood testing, the nuances of Arizona’s DUI statutes, and the tendencies of local prosecutors and judges.

FAQ: DUI Stops in Arizona

Do I have to answer questions during a DUI traffic stop in Arizona? You must provide your license, registration, and insurance when asked. You are not required to answer questions about where you have been, whether you have been drinking, or how much you consumed. You can politely decline by stating that you prefer not to answer questions without an attorney present.

Are field sobriety tests mandatory in Arizona? No. Field sobriety tests, including the Walk-and-Turn, One-Leg Stand, and HGN eye test, are voluntary. You can decline them without legal penalty. The portable breath test (PBT) used at the roadside is also voluntary and separate from the chemical test administered at the station.

What happens if I refuse the chemical test at the police station? Under Arizona’s Implied Consent law (ARS §28-1321), refusing the chemical test after arrest triggers an automatic 12-month license suspension for a first refusal and a 24-month suspension for a second refusal within 84 months. The officer may also obtain a warrant for a blood draw despite your refusal.

When do Miranda rights apply during a DUI stop? Miranda warnings are required before custodial interrogation. This means the officer must read you your rights before asking questions about the facts of the case once you are in custody (arrested and not free to leave). Questions asked before arrest, during the initial traffic stop, generally do not require Miranda warnings.

Can I be charged with DUI even if my BAC is below 0.08? Yes. Under ARS §28-1381(A)(1), Arizona can charge you with DUI if you are impaired to the slightest degree by alcohol, drugs, or a combination. A BAC below 0.08 does not prevent a DUI charge if the officer observed signs of impairment. However, a BAC of 0.05 or below creates a legal presumption that you were not impaired.

What is the difference between Extreme DUI and Aggravated DUI? Extreme DUI (ARS §28-1382) is based on BAC level: 0.15 to 0.199 is Extreme DUI, and 0.20 or above is Super Extreme DUI. Both are misdemeanors with enhanced penalties. Aggravated DUI (ARS §28-1383) is a felony, triggered by factors such as a third DUI within 84 months, driving on a suspended license, having a child under 15 in the vehicle, or driving the wrong way on a highway.

Should I take the chemical test at the station or refuse it? Most DUI defense attorneys recommend taking the chemical test at the station. The 12-month license suspension for refusing is typically more severe than the suspension following a conviction, and police can often obtain a warrant for a blood draw regardless of your refusal. Taking the test preserves your attorney’s ability to challenge the results on technical and procedural grounds.

How quickly do I need to hire an attorney after a DUI arrest? As soon as possible. You have a limited window (typically 15 days) to request an administrative hearing to challenge your license suspension. Early attorney involvement also allows for preservation of evidence, including requesting body camera footage, dash camera recordings, and calibration records for testing equipment before they are lost or overwritten.

Protect Your Future After a DUI Stop

If you have been pulled over for DUI in Arizona, the decisions you make in the next few days will shape the outcome of your case. Rideout Law Group has defended thousands of DUI cases across Arizona and understands how to challenge the evidence, protect your driving privileges, and fight for the best possible outcome.

Scottsdale Office: (480) 584-3328 Lake Havasu Office: (928) 854-8181

Call today for a free consultation. The sooner you have an attorney involved, the stronger your defense will be.

Related Resources From Rideout Law

Key Takeaways

Pull over safely, keep your hands visible, and provide license, registration, and proof of insurance.
You are not required to answer questions about drinking. Politely decline and ask if you are free to leave.
Field sobriety tests are voluntary. You can decline without automatic license consequences.
Chemical testing (breath or blood) falls under implied consent. Refusal triggers a 12-month license suspension.
Request an attorney as soon as you are taken into custody. Do not make statements without counsel present.

Arizona Statute References

Statute citations in this article reference the Arizona Revised Statutes (A.R.S.). Read the full text on the Arizona Legislature website:

A.R.S. 28-1381: Arizona Revised Statutes
A.R.S. 28-1321: Arizona Revised Statutes
A.R.S. 28-1594: Arizona Revised Statutes

Talk to a Rideout Law Group Attorney

If you are facing criminal charges in Arizona, the decisions you make in the first few days can shape the rest of your case. Rideout Law Group represents clients across Maricopa and Mohave County from offices in Scottsdale and Lake Havasu City.

Call (480) 584-3328 for a free consultation, or contact us online to schedule a confidential review of your case.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Rideout Law Group. Every criminal case turns on specific facts, court of jurisdiction, and procedural posture. If you are facing charges in Arizona, consult a licensed Arizona criminal defense attorney about your individual situation. Past results do not guarantee future outcomes.