Arizona law provides for some of the harshest DUI penalties in the United States, including mandatory jail for first time offenders. There are also heavy fines that may result in “criminal justice debt” that lead to additional sanctions if unpaid. License suspensions are also mandatory, though you may be allowed to drive by agreeing to suffer the indignity of an ignition interlock alcohol testing machine attached to the inside of your vehicle.

Innocent drivers suffer from false DUI convictions on a routine basis. This is possible because of a faulty alcohol test. Also, you can be convicted based on your own statements or other evidence collected by law enforcement.

As a zero-tolerance DUI state, Arizona allows for arrest and conviction if the officer can demonstrate you were impaired despite a blood-alcohol content (BAC) level under the legal limit of .08.

Without adequate legal representation, it is highly likely the prosecutor and even the judge may pressure you to plead guilty despite fatal flaws in the state’s case, strong arguments for reasonable doubt and affirmative defenses. Generally, you are threatened with very harsh treatment and told that if you plead guilty, you will face a far lower sentence. For this reason, many innocent people plead guilty to DUI and other criminal charges.

Obtaining strong legal counsel is essential, and once you do, you will have the guidance and advice of a competent professional who will protect your rights, ensure you are never taken advantage of and advocate for the best possible legal outcome.

However, no one drives around with a lawyer in the car to advise them if pulled over on suspicion of DUI. Therefore, during the initial stages of a DUI investigation, you are unrepresented, and that opens the door for law enforcement to use often deceptive techniques to illicit admissions or obtain evidence that could convict you despite having a BAC under .08.

In addition, you could be accused of being under the influence of narcotics. DUI charges are possible even if you are just taking prescription medications. Remember Tiger Woods!

The time leading up to your arrest and immediately after are the most dangerous for anyone under suspicion of DUI. That is why we created this Arizona DUI Arrest Survival Guide, which tells you step-by-step how to handle law enforcement and take the correct legal posture. By following this guide, you will put yourself in the strongest possible position when your case comes to court.

Step 1: Cooperate but Remain Silent

When the blue and red lights flash in the rearview mirror, pull over as soon as it is safe to do so. Police officers carefully study your behavior at this point for two reasons. One, if you continue for an excessive distance, you can be accused of evasion. Second, not pulling over promptly can be evidence that you are impaired.

Do not exit the vehicle or rummage around looking for your license, registration and proof of insurance. It is best to wait for the officer to come to you and ask for the documents, at which point you should produce them while interacting politely with the officer.

But answer no questions!

Often, officers ask, “Do you know why I pulled you over?” This question is designed to produce an admission, such as admitting you were speeding, missed a stop sign or were driving slowly or erratically. Any admission hurts your defense.

Also, do not lie. If you are shown in court to have lied to the officer, you lose credibility, which may cause the judge to consider all your assertions untrue.

When asked this question, respond: “I wish to exercise my Miranda rights and remain silent.”

Officers may also ask, “Have you had anything to drink?” or “Are you under the influence of drugs or prescription medications?”

Remember, you do not want to give an admission or tell a lie. If you answer these questions affirmatively, you bear witness against yourself. Answer untruthfully and you will destroy your credibility in court.

The safe and legally proper answer is, “I wish to exercise my Miranda rights and remain silent.”

Step 2: Protect Your Miranda Rights

Miranda rights resulted from a U.S. Supreme Court case that was a repudiation of Arizona law enforcement’s interrogation practices. Miranda was a criminal defendant who was not informed of his constitutional right against self-incrimination when questioned by police. The court held that this violated his fifth amendment rights. Since then, law enforcement across the country has been required to read suspects their rights.

The courts have provided law enforcement with a gigantic loophole in reading Miranda rights: They only have to inform you of your right to remain silent after placing you under arrest and, even then, only if they ask you incriminating questions.

Arizona law enforcement routinely tries to garner admissions before arresting a suspect, knowing the statements cannot be precluded in court. For this reason, decline to answer all questions except to provide your name and address.

Step 3: Decline Field Sobriety Tests

Field sobriety tests require you to perform certain exercises, so officers can see if you show signs of impairment. These may include standing on one foot, walking in a straight line or touching your nose.

Unknown to much of the general public, many people have trouble performing these tests while sober, often because they lack adequate balance. Police officers only need you to fail one test to gain admissible evidence that you are impaired.

Arizona law does not impose any penalty for refusing these tests, so it is advisable to politely but firmly decline.

Step 4: Navigating Breathalyzer, Chemical and Urine Testing

If the officer suspects you are impaired, he or she will seek to establish probable cause by having you blow into a handheld breathalyzer. These portable testing kit results are inadmissible in court because they are too inaccurate, so do not assume blowing .08 or higher means you are going to jail.

You do need to blow, however, because Arizona is an implied consent state, which means you agree to be tested at the officer’s discretion when you apply for a driver’s license. Refusal will certainly result in a license suspension and may cause the court to look at you unfavorably.

Once the officer establishes probable cause, you will be taken into custody, and your vehicle will be impounded. The officer will then transport you to a testing facility, where he or she can have you blow into a court-admissible breathalyzer or require a blood test. Your compliance is required under implied consent. You can refuse, but then the police will obtain a warrant and do the test anyway, while your refusal means an automatic one-year license suspension.

However, these tests are highly inaccurate, and your attorney can challenge the results in court. Regardless of the results, do not make any statements or answer any incriminating questions. These could be used to destroy a later attempt to challenge the test’s accuracy.

Urine tests are rarely used and even more inaccurate. However, they may be conducted if the officer suspects narcotics use. As with the other methods, the results can be challenged in court.

Step 5: Request an Administrative Hearing

Upon your release, the officer will provide some paperwork. Pay special attention to the pink sheet. This informs you that your license will be suspended in 15 days unless you request an administrative hearing.

Since you have not been convicted of DUI at this point, you want to avoid being punished automatically without trial. You can prevent this by requesting an administrative hearing. It is advisable to consult an attorney before the hearing and have one present during the proceeding.

Step 6: Lawyer Up

Contact a lawyer as soon as possible. Be sure to write down everything you remember about the arrest and share these notes with your attorney. The lawyer will inform you about the legal process and your options. In addition, he or she will explain the procedures for challenging test results and establishing an effective defense.

Having representation through the court process is essential. Without an advocate, you can expect conviction, increased jail time, higher fines and longer license suspensions.

DUI laws in Arizona are notoriously tough, and law enforcement has multiple methods of collecting evidence that are illegal in many other states. Do not become a victim of the system. If stopped for DUI in Arizona, follow the steps in this guide and hire an experienced DUI defense attorney.