Stopped for a DUI in Arizona? Here’s How to Proceed

Step 1: Find a Safe Place to Pull Over

Remember that you are already on the police officer’s radar as soon as you see the flashing lights behind you. Everything you do from this point forward is being observed and will potentially be included in the officer’s report. Do not panic. Use your turn signal, reduce speed gradually, and carefully pull over to a safe, well-lit location. Erratic driving while pulling over — swerving, stopping abruptly, or driving too far before stopping — gives the officer additional observations to document.

Step 2: Be Polite at All Times

The tone of your words is almost as important as what you say. If you come across as hostile, rude, or unreasonable, you are giving the officer more reason to arrest you and more negative observations for their report. Be polite, respectful, and comply with reasonable requests. Keep your hands visible, turn on your dome light if it is dark, and avoid sudden movements. Courtesy does not equal surrender of your rights.

Step 3: Answer Carefully

You must provide your name, driver’s license, vehicle registration, and insurance information. Beyond that, you are not required to answer incriminating questions about whether you have been drinking, where you are coming from, or how much alcohol you consumed. Do not admit to consuming any alcohol — conversations during traffic stops are recorded and will be used against you in court. Instead, politely decline to answer or state that you have been advised not to discuss those topics.

Step 4: Do Not Take a Field Sobriety Test

The officer will likely ask you to perform a field sobriety test, but you are not legally required to submit. These tests — walking a line, standing on one leg, following a pen with your eyes — are voluntary and designed to gather evidence against you. Even completely sober individuals can fail field sobriety tests due to nervousness, medical conditions, uneven road surfaces, or poor lighting. Politely decline.

Step 5: Decline the Portable Breath Test

Politely decline portable breath tests administered roadside. These devices are notoriously unreliable and their results are generally not admissible in court. However, understand the critical distinction: if you are formally placed under arrest for DUI and taken to a station or medical facility, you must submit to official chemical testing under Arizona’s implied consent law. Refusal at that point triggers an automatic 12-month license suspension.

Step 6: Contact an Attorney Immediately

Remember, the more you say, the more likely you are to incriminate yourself. Once you are released or booked, your first call should be to an experienced DUI defense attorney. The hours and days immediately following an arrest are critical — evidence can be preserved or lost, administrative deadlines for license hearings begin running, and early legal intervention can shape the trajectory of your entire case.