A DUI arrest can be overwhelming. In the moments after being pulled over, many people are left asking the same questions: “What happens now?” “Will I lose my license?” “Am I going to jail?”
Arizona has some of the strictest DUI laws in the country, and the legal process that follows an arrest can move quickly. Understanding what happens next can help you protect your rights and avoid mistakes that could affect your future.
With over 25 years of experience, Jeff GOULD Law is the Attorney in YOUR Corner. We help Arizona residents understand the legal process, protect their rights, and navigate the complex steps that follow a DUI arrest. Over the years, we’ve seen how quickly a single mistake after an arrest can complicate a case, which is why understanding the process early matters.
Table of Contents
Step 1: The Traffic Stop and Investigation
Most DUI cases begin with a traffic stop. An officer may pull you over for a suspected traffic violation, erratic driving, or another concern. If the officer suspects impairment, they may begin a DUI investigation that could include:
- Questions about alcohol or drug consumption
- Field sobriety tests
- A preliminary breath test
If officer has reasonable suspicion to stop/investigate, and believes there is probable cause that you were driving under the influence, you may be placed under arrest.
Step 2: Chemical Testing
After a DUI arrest in Arizona, law enforcement may request a chemical test to measure blood alcohol concentration (BAC). This test may include a breath, blood, or urine sample.
Under Arizona’s implied consent law, drivers who refuse chemical testing may face additional penalties, including an automatic driver’s license 1-year suspension.
If your BAC is 0.08% or higher, you may be charged with a standard DUI. However, higher levels can result in more serious charges, such as Extreme DUI (A.R.S. 28-1382A1), Super Extreme DUI (A.R.S. 28-1382A2), or an Aggravated DUI (A.R.S. 28-1383)
Step 3: Immediate License Suspension
Many drivers are surprised to learn that a DUI arrest can affect their license almost immediately. In Arizona, officers can issue an administrative license suspension, which typically begins 30 days after the arrest unless you request a hearing with the Arizona Motor Vehicle Division (MVD).
If you do not request this hearing within the required timeframe, your license suspension will automatically take effect.
Step 4: Criminal Charges and Court Proceedings
A DUI arrest can lead to formal criminal charges. The specific charge filed will depend on factors such as blood alcohol concentration (BAC), prior offenses, and the circumstances surrounding the arrest. In Arizona, DUI offenses are generally classified into several categories:
Impaired to Slightest Degree DUI (ARS §28-1381(A)(1) AKA = Liquor / Drug / Vapors
Generally, the public is under the misconception that when a driver’s blood alcohol concentration (BAC) is below 0.08% they can not be charged with a DUI. That assumption is WRONG. In AZ, you can be charged with a DUI if driver’s blood alcohol concentration (BAC) is below, under certain circumstances = if substances (alcohol, drugs, or vapors) diminishes their ability to drive safely, even minutely.
Standard DUI (A.R.S. 28-1381) – Misdemeanor M1
Generally, this charge applies when a driver’s blood alcohol concentration (BAC) is 0.08% or more but less than 0.15%.
For certain drivers, the legal threshold is lower. Drivers operating commercial vehicles or vehicles for hire may be charged with DUI at 0.04% BAC, and drivers under the age of 21 can face DUI charges with any measurable amount of alcohol in their system (ARS 4-244).
Extreme DUI (A.R.S. 28-1382A1) – Misdemeanor M1
An Extreme DUI charge generally applies when a driver’s BAC is 0.15% or higher but less than 0.20%.
These cases carry significantly higher penalties than a standard DUI and may include increased fines, longer license suspension periods, and mandatory jail time.
Super Extreme DUI (A.R.S. 28-1382A2) – Misdemeanor M1
A Super Extreme DUI applies when a driver’s BAC is 0.20% or higher.
Because of the high level of impairment involved, these charges carry some of the most severe penalties among misdemeanor DUI offenses in Arizona.
Aggravated DUI (A.R.S. 28-1383) – Felony
An Aggravated DUI is considered a felony offense and applies when certain aggravating factors are present. These may include situations such as driving under the influence while your license is suspended or revoked, committing DUI while required to have an ignition interlock device, driving under the influence with a child under 15 years old in the vehicle or committing a third DUI offense within 7 years
Penalties for aggravated DUI are significantly more severe and can include extended license revocation, substantial fines, and possible prison time.
The court process may include an arraignment, pretrial conferences, and, if the case is not resolved beforehand, a trial. Possible penalties can include:
- Fines and court fees
- Mandatory alcohol education classes
- License suspension
- Installation of an ignition interlock device
- Possible jail time
The exact outcome depends on many factors, including BAC level, prior offenses, and the details of the arrest.
Step 5: Protecting Your Rights
The decisions you make in the days following a DUI arrest can have long-term consequences. Evidence must be reviewed carefully, including police reports, testing procedures, and the legality of the traffic stop. An experienced attorney can help identify potential issues such as:
- Improper traffic stops
- Errors in chemical testing
- Violations of your constitutional rights
- Inaccurate field sobriety testing
These details can play a critical role in the outcome of your case.
Why Early Legal Guidance Matters
DUI cases move quickly, and important deadlines can arrive within days of an arrest. Waiting too long to understand your options can limit the strategies available to protect your license and your future.
At Jeff GOULD Law, we help individuals throughout Oro Valley, Marana, and Tucson understand their legal rights and navigate the complex DUI process. Our goal is to provide clear guidance, strong representation, and the experienced advocacy you need during a difficult time.
A DUI charge can carry serious consequences, but the right legal guidance can make a significant difference in how your case moves forward. If you or someone you love has been arrested for DUI, you don’t have to face the process alone.
Don’t DELAY: Protect Your Rights Today!
Call Jeff GOULD Law, the Attorney In YOUR Corner
DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship.