Getting pulled over for a suspected DUI in Arizona is one of the most stressful experiences you’ll ever face. What you do and say in the minutes after the stop can dramatically affect the outcome of your case. From the initial interaction with the officer to the decision about field sobriety tests and chemical testing, every step matters. At Oliverson Law DUI & Criminal Defense, our founder Derek Oliverson served as a police officer, prosecutor, and judge before dedicating his career to defense — he has seen DUI stops from every possible angle. Call (480) 582-3637 for a free, confidential case evaluation.
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Key Takeaways
- Stay Calm and Cooperative: Be polite, provide your license and registration, but do not volunteer information about where you’ve been or what you’ve had to drink.
- Field Sobriety Tests Are Voluntary: You can decline roadside field sobriety tests without automatic penalty. These tests are subjectively scored and unreliable.
- Call a Lawyer Immediately: The decisions you make in the first 24 hours after a DUI stop are critical. An attorney can protect your rights, challenge the stop, and prepare your defense.
Step 1: The Initial Stop
When you see flashing lights behind you, pull over safely to the right side of the road as soon as it is safe to do so. Turn off your engine, roll down your window, and place your hands on the steering wheel where the officer can see them. Have your license, registration, and insurance ready. The officer is observing you from the moment you begin to pull over — how quickly you respond, whether you signal, and how you park are all noted.
What Officers Are Looking For
During the initial interaction, the officer is trained to observe signs of impairment: bloodshot or watery eyes, slurred speech, the odor of alcohol, fumbling with documents, and difficulty following instructions. Everything you say and do is being evaluated and will likely appear in the police report. This is why it is critical to be polite but measured in your responses.
Step 2: Questions and Field Sobriety Tests
Officers typically ask where you are coming from, where you are going, and whether you have had anything to drink. You are required to provide your identification documents, but you are not required to answer investigative questions. You can politely state, “I’d prefer not to answer questions without speaking to my attorney first.”
If the officer suspects impairment, they will likely ask you to step out of the vehicle and perform field sobriety tests. These standardized tests — walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are voluntary. They are subjectively graded and can be affected by nerves, medical conditions, footwear, road surface, and weather. Many DUI attorneys advise declining these tests.
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Step 3: The Arrest and Chemical Testing
If the officer determines they have probable cause, you will be placed under arrest for DUI. At this point, Arizona’s implied consent law (A.R.S. § 28-1321) requires you to submit to a breath, blood, or urine test. Refusing this test results in an automatic 12-month license suspension. The officer may also obtain a telephonic warrant for a blood draw if you refuse.
Step 4: After the Arrest
Once arrested, clearly state that you wish to speak with an attorney. Do not discuss the details of your stop or drinking with officers, other detainees, or anyone over the phone. You typically have 15 days from the date of arrest to request an MVD hearing to challenge the administrative suspension of your license — missing this deadline means automatic suspension.
Related Articles
- What Makes a DUI a Felony in Arizona?
- DUI Checkpoint: What Are My Rights?
- Are DUI Checkpoints Legal in Arizona?
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Frequently Asked Questions
What should I do if I’m pulled over for DUI in Arizona? Pull over safely, be polite, provide your license and registration, but limit your responses to investigative questions. Decline field sobriety tests. If arrested, request an attorney immediately and do not discuss your case with anyone else.
Do I have to take a breathalyzer if I’m stopped for DUI? Portable breath tests at the roadside are voluntary. However, if you are arrested, Arizona’s implied consent law requires you to submit to a chemical test (breath, blood, or urine). Refusing the post-arrest test triggers a 12-month license suspension.
How long do I have to request an MVD hearing? You have 15 days from the date of your arrest or from service of the implied consent affidavit to request an administrative hearing with the MVD. Missing this deadline results in automatic license suspension starting on day 16.
Should I hire a DUI lawyer even for a first offense? Absolutely. Even a first-offense DUI in Arizona carries mandatory jail time, fines, license suspension, ignition interlock, and a permanent criminal record. An experienced DUI attorney can challenge the stop, the testing, and the arrest — potentially reducing or dismissing the charges entirely.