What Happens After a DUI Arrest in Arizona
Understanding the DUI arrest process — from testing and booking to court appearances and bond decisions.
What Generally Happens After Someone Has Been Arrested for a DUI?
Once you are placed under formal arrest, the officer has the right to demand any type of test to determine your BAC or if you have a drug in your system. They could demand a breath test, blood test, urine test, or all of the above. They could even ask for all three to be done under what’s called the “implied consent” statute in Arizona. Just by driving, you’ve already given consent to the state to do those tests if you are placed under arrest for suspicion of DUI.
At that point if you refuse any of those tests then you will be subject to potentially having your driver’s license revoked for a year.
Testing After a DUI Arrest
Implied Consent Admonitions
Officers read verbatim from a standard form with the exact same language for everyone. If you refuse the tests, they have further paragraphs explaining consequences and giving opportunities to recant your refusal.
Search Warrant for Refusals
If you still refuse after all admonitions, the officer applies for a search warrant from a judge, describing all observations from the driving behavior through field sobriety testing. The judge will issue the warrant for blood draw, and you no longer have a choice. Officers can even use restraint to take the blood.
Breath Testing (If Consented)
You are transported to the station. Most jurisdictions use Intoxilyzer 8000 machines. A 15-minute deprivation period is observed — the officer checks your mouth and watches for belching, burping, or vomiting. The machine runs calibrations, then two consecutive breath tests are administered.
Charges Based on Results
Below 0.08: impaired “to the slightest degree.” Between .08 and .15: standard DUI. Between .15 and .20: Extreme DUI. Above .20: Super Extreme DUI (plus all lesser charges).
What Happens After Booking
Citation and Release
In the vast majority of first offense DUI arrests, officers will issue a citation. You sign it, promise to appear for the court date, and are released. You don’t see a judge until the first court date on the citation.
Booked Into Custody
If booked into custody, the state has 24 hours to hold an initial appearance in front of a judge to decide release conditions.
Prior DUI History
If the person has prior DUIs, the officer could book them. The judge will have discretion to impose a bond or release on their own recognizance. For misdemeanor DUIs, judges cannot hold without bond.
Aggravated DUI (Felony)
You will be booked and must see a judge. Without prior felony DUIs, judges typically release to pretrial services for monitoring with random tests. If another felony case is pending, you will be held without bond.
Why Choose Oliverson Law DUI & Criminal Defense
When it comes to your defense, experience isn’t optional — it’s essential. At Oliverson Law, you get a full legal team that’s been on every side of the courtroom.
30+ Years of Collective Experience
Over the length of their careers, the attorneys at Oliverson Law have helped thousands of people successfully fight their criminal charges.
Former Judge & Prosecutors
As former prosecutors, police officers, and judges, our attorneys have experience on all sides of the law. This insight allows them to better defend your case.
Just Arrested for DUI in Arizona?
Time is critical after a DUI arrest. Call us now for immediate guidance on protecting your rights, your license, and your future.