Being arrested for DUI in Arizona can be overwhelming and confusing. The decisions you make in the hours and days following your arrest can significantly affect the outcome of your case. This guide walks you through the key steps to consider after a DUI arrest in Phoenix, Scottsdale, Tempe, Paradise Valley, and the surrounding Valley area.
Before diving in, it helps to understand what you are facing. See our complete guide to Arizona DUI penalties for a breakdown of charges and sentencing ranges.
At the Scene and Immediately After
Stay calm and be respectful
Regardless of the circumstances, remaining calm and respectful with law enforcement is important. Being cooperative does not mean you have to answer every question, but hostility or resistance can escalate the situation and create additional charges.
Understand your rights during an Arizona DUI stop
You have the right to remain silent beyond providing basic identification. You are not required to answer questions about where you were, how much you had to drink, or where you are coming from. Politely stating that you would like to speak with an attorney before answering questions is within your rights.
Chemical testing and Arizona’s implied consent law
Arizona has an implied consent law (A.R.S. 28-1321). By driving on Arizona roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if an officer has reasonable grounds to believe you are impaired. Refusing a test triggers an automatic 12-month license suspension for a first refusal, separate from any criminal penalties. This is an important factor to understand, though every situation is different.
The First 24 to 48 Hours After a Phoenix DUI Arrest
Write down everything you remember
As soon as you are able, write down everything you can recall about the events leading up to and during your arrest. Include details such as what you ate and drank and when, the time and location of the traffic stop, what the officer said and did, what field sobriety tests were administered and the conditions (lighting, road surface, weather), whether you were read your Miranda rights, and the names or badge numbers of the officers involved. These details fade quickly from memory but can be important for your defense.
Gather and preserve evidence
If possible, preserve any evidence that might be relevant. This could include receipts from restaurants or bars showing what you ordered, contact information for anyone who was with you, photos of the location where you were stopped, and any dashcam or security camera footage you are aware of.
Contact a licensed Arizona DUI attorney
Speaking with a licensed Arizona DUI attorney early in the process is one of the most impactful steps you can take. An attorney can help you understand the specific charges you are facing, advise you on the MVD administrative hearing process and its critical deadlines, identify potential defenses based on the facts of your case, and represent you in court proceedings in Phoenix, Scottsdale, Tempe, or wherever your case is filed.
The 15-Day MVD Deadline: Do Not Miss This
This is one of the most commonly missed deadlines after a DUI arrest in Arizona, and missing it can have serious consequences for your driving privileges.
When you are arrested for DUI, the officer typically confiscates your license and issues a temporary permit. You have only 15 days from the date of arrest to request a hearing with the Arizona Motor Vehicle Division (MVD) to challenge the suspension of your driving privileges.
If you do not request this hearing within 15 days, your license will be automatically suspended on the effective date listed on your temporary permit. This administrative suspension happens regardless of whether you are ultimately convicted of DUI in criminal court. Many attorneys will handle this filing as one of their first steps.
What to Expect in the Maricopa County DUI Court Process
Arraignment
Your first court appearance is the arraignment, where you will be formally advised of the charges and asked to enter a plea. For misdemeanor DUI cases in Phoenix, this typically occurs at Phoenix Municipal Court. Scottsdale, Tempe, and other Valley cities have their own municipal courts. Felony DUI cases are handled at the Maricopa County Superior Court. Having an attorney present at arraignment is advisable.
Pre-trial proceedings
Between arraignment and trial, your attorney can review the prosecution’s evidence (discovery), file motions to suppress evidence if there are grounds to do so, negotiate with the prosecution, and prepare your defense strategy.
Resolution
Most DUI cases in Arizona are resolved through plea negotiations rather than trial. However, having an attorney who is prepared to go to trial strengthens your negotiating position. The appropriate path depends entirely on the facts of your individual case.
Common Mistakes to Avoid After a DUI Arrest
Based on common patterns in DUI cases, there are several mistakes worth avoiding. Do not discuss your case on social media or with anyone other than your attorney. Do not miss court dates or the 15-day MVD deadline. Do not drive on a suspended license, as this can elevate a misdemeanor DUI to a felony charge. Do not assume the outcome without consulting an attorney, as there may be defenses you are not aware of.
Getting Help in Phoenix and the Valley
If you have been arrested for DUI in Phoenix, Scottsdale, Tempe, Paradise Valley, or elsewhere in Maricopa County, speaking with a licensed Arizona DUI attorney can help you understand your options and protect your rights. The sooner you seek legal guidance, the more options may be available to you.
This article is for general informational purposes only and does not constitute legal advice. Laws and procedures are subject to change. Consult a licensed Arizona attorney for advice about your specific situation. See our Disclaimer and Advertising Disclosure.
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