Understanding Your DUI Arrest
Being arrested for DUI in Arizona is a stressful experience. This guide will walk you through the basics of what happened, what it means, and the critical steps you need to take right away.
How to Read Your DUI Ticket
Your DUI citation contains important information that will affect your case. Here is what to look for:
- Case Number — This identifies your case in the court system. You will need this for all future correspondence.
- Charges — Look for the specific ARS (Arizona Revised Statutes) sections listed. Common charges include ARS 28-1381(A)(1) for impaired driving and ARS 28-1381(A)(2) for BAC of .08 or more.
- Court Date — Your arraignment date and the court where you must appear. Missing this date can result in a warrant for your arrest.
- Officer Information — The citing officer’s name and badge number, which will be important for your defense.
The First 30 Days Are Critical
After a DUI arrest in Arizona, you have only 30 days to request a hearing with the Motor Vehicle Division (MVD) to contest your license suspension. If you do not request this hearing within 30 days, your license will be automatically suspended on the 31st day.
Steps to take immediately:
- Request an MVD hearing within 30 days of your arrest
- Document everything you remember about the traffic stop and arrest
- Gather any witnesses who may have been present
- Consult with an experienced DUI attorney
- Do not discuss your case with anyone except your attorney
Why You Should Plead Not Guilty
At your arraignment, you will be asked how you plead. You should always plead Not Guilty at this stage. Here is why:
- Pleading not guilty preserves all of your rights and legal options
- It gives your attorney time to review the evidence, including police reports, testing procedures, and video
- Many DUI cases have issues with the traffic stop, testing procedures, or chain of evidence that can lead to reduced charges or dismissal
- You can always change your plea later if a favorable agreement is reached
- Pleading guilty immediately waives all of your rights with no chance to explore defenses
Important Note
This information is provided for educational purposes only and does not constitute legal advice. Every DUI case is unique, and the best course of action depends on the specific facts of your case. Consult with a qualified DUI attorney for advice specific to your situation.
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