02|2025

Getting arrested for a DUI in Tempe can be a stressful and confusing experience. Arizona has some of the toughest DUI laws in the country, and even a first-time offense can lead to serious penalties, including jail time, fines, and license suspension. However, how you handle the situation after your arrest can significantly impact the outcome of your case. Knowing what to do—and what not to do—can help protect your rights and improve your chances of a favorable resolution.

Table of Contents

Stay Calm and Cooperate with Law Enforcement

The first and most important thing to do when stopped for a DUI is to remain calm and respectful. Arguing with the officer, being aggressive, or refusing to comply with lawful requests can only make the situation worse. If you are arrested, do not resist, as this can lead to additional charges.

While it is crucial to be cooperative, you also have rights that must be protected. You are not required to answer incriminating questions beyond providing your identification, registration, and proof of insurance.

Exercise Your Right to Remain Silent

One of the biggest mistakes people make after a DUI arrest is talking too much. Anything you say can and will be used against you in court. If an officer asks questions like “How much have you had to drink?” or “Where are you coming from?” you have the right to remain silent.

It is best to politely say, “I prefer to remain silent and speak to my attorney.” This prevents you from unintentionally providing evidence that could be used against you later.

Request a Lawyer Immediately

After a DUI arrest, you should request a lawyer as soon as possible. A skilled drunk driving attorney in Tempe can protect your rights, analyze the evidence, and develop a strong defense strategy. Do not discuss your case with anyone, including law enforcement, without your attorney present.

Understand Arizona’s Implied Consent Law

Arizona has an “implied consent” law, which means that by driving on state roads, you automatically consent to chemical testing if law enforcement suspects you are driving under the influence. Refusing a breathalyzer or blood test can result in an automatic one-year license suspension, even if you are not convicted of DUI.

While you have the right to refuse field sobriety tests (such as walking in a straight line), refusing a chemical test can have serious consequences. However, if you believe the test was improperly administered, your attorney may be able to challenge the results in court.

Take Note of Everything That Happened

As soon as possible after your arrest, write down everything you remember about the traffic stop and your arrest. Key details to note include:

  • Where and when you were pulled over.
  • The reason the officer gave for stopping you.
  • Whether you were given field sobriety tests and how they were conducted.
  • Whether the officer read you your rights.
  • Any statements made by the officer.

These details can be useful for your attorney when building your defense.

Avoid Discussing Your Case on Social Media

In today’s digital age, anything you post online can be used against you in court. Refrain from discussing your DUI arrest on social media platforms like Facebook, Instagram, or Twitter. Prosecutors can use your posts, comments, or photos to argue against your defense.

Even seemingly innocent posts, such as a picture of you at a bar earlier in the night, could be used as evidence against you. The best approach is to remain silent about your case until it is resolved.

Request a DMV Hearing to Protect Your License

In Arizona, a DUI arrest can result in an automatic driver’s license suspension. You have a limited amount of time—usually 15 days—to request a hearing with the Arizona Motor Vehicle Division (MVD) to challenge the suspension. If you fail to request this hearing, your license will be automatically suspended, even if you are ultimately found not guilty of DUI.

A drunk driving attorney in Tempe can help you request this hearing and present a case to keep your driving privileges intact.

Understand the Potential Penalties for a DUI Conviction

Arizona has strict DUI penalties, even for first-time offenders. Depending on your BAC level and whether you have prior convictions, penalties can include:

  • Jail time (even for a first offense).
  • Fines and court fees.
  • Mandatory alcohol education programs.
  • Installation of an ignition interlock device (IID) in your vehicle.
  • Probation or community service.
  • License suspension.

Understanding these potential consequences can help you and your attorney prepare the best defense strategy.

Gather Evidence for Your Defense

A strong DUI defense often involves collecting evidence that can challenge the prosecution’s case. Your attorney may:

  • Request bodycam or dashcam footage from the arresting officer.
  • Examine breathalyzer or blood test results for errors.
  • Interview witnesses who can testify about your sobriety.
  • Investigate whether the traffic stop was conducted legally.

The sooner you hire an attorney, the more time they will have to gather and analyze evidence to build your defense.

Consider Possible Defense Strategies

A skilled drunk driving attorney in Tempe will explore multiple defense strategies to fight your DUI charge. Common defenses include:

  • Lack of probable cause: If the officer had no valid reason to stop you, the case could be dismissed.
  • Faulty breathalyzer results: Breathalyzers must be properly calibrated and maintained; if they were not, the results could be inaccurate.
  • Improper field sobriety tests: Many field sobriety tests are unreliable and can be challenged in court.
  • Rising BAC defense: Your BAC may have been below the legal limit while driving but increased by the time you were tested.
  • Medical conditions: Certain medical conditions, such as acid reflux or diabetes, can result in falsely high BAC readings.

Your lawyer will determine the best defense strategy based on the details of your case.

Follow Your Attorney’s Advice

Once you have hired a DUI lawyer, follow their guidance carefully. Avoid making any decisions about your case without consulting them first. Your attorney will advise you on what to say, how to handle court appearances, and whether to accept a plea deal.

Ignoring legal advice or failing to show up for court dates can seriously hurt your case and lead to harsher penalties.

Prepare for Your Court Appearance

If your case goes to trial, you must be prepared for court appearances. Your attorney will help you understand what to expect and how to present yourself. Dressing professionally, showing up on time, and being respectful in court can all work in your favor.

In some cases, your attorney may be able to negotiate a plea deal or alternative sentencing to reduce your penalties. However, if you go to trial, they will fight aggressively to challenge the prosecution’s case and protect your rights.

Conclusion

A DUI arrest in Tempe is a serious matter, but taking the right steps immediately after can improve your chances of a successful outcome. Remaining calm, exercising your right to remain silent, hiring a qualified DUI lawyer, and gathering evidence are crucial steps to protecting your future. The sooner you take action, the better your chances of building a strong defense and minimizing the consequences of a DUI conviction.

Categories:: Blog