Learn what happens when police stop you under the suspicion that you are driving under the influence and how you should deal with the police.

Many people get confused about what to do when police stop them under suspicion that they are driving under the influence. During the stop, police can be intimidating and “give you advice” that may or may not be correct and might not be in your best interest. You can significantly improve your chances of avoiding a DUI conviction by knowing what to do during a police DUI stop.

Probable Cause

To stop someone, a police officer has already noted something that they believe provides probable cause that you could be driving while drunk or impaired by alcohol. You can’t do anything about those observations at this point. Still, the police report can have a significant impact on the outcome of your criminal trial and suspension of your driver's license.

Methods of establishing probable cause:

• Police recording of speeding or going too slow
• Erratic lane changing or reckless driving
• Failure to come to a stop at a red light or stop sign

Once the police officer has probable cause, they can ask the driver to submit to a blood, urine, or breath test either at a police station or a local hospital.  

Implied consent

You gave implied consent for police to administer the test when you received a driver’s license. The “implied consent” rule in A.R.S. § 28-1321 says that those people with a driver’s license arrested due to suspicion of driving under the influence of alcohol are subject to mandatory alcohol breath tests. You don’t have a legal right to refuse the breath testing. The United States Supreme Court held in Birchfield v. North Dakota   case that alcohol breath samples could be demanded of you as part of a lawful arrest. 

If a police officer demands breath samples, you must provide them, and if you refuse, you will be required to surrender your license and face automatic driver’s license suspension. You may refuse a blood draw until a warrant can be produced. Still, you incur the possibility of a license suspension or revocation if the police have a legitimate reason to demand it of you. 

Arizona’s Zero Tolerance Law

In the majority of while states, driving with a blood alcohol content (BAC) level of .08 or above is against the law. In Arizona, it’s against the law for anyone to drive or be in control of a vehicle while they are under the influence. Arizona Revised Statutes Section 28-1381(A) states that being “under the influence” means being “impaired to the slightest degree.”

Under Arizona’s zero-tolerance law, you can still be arrested and charged with a DUI even if you register a low blood alcohol concentration. All that needs to be evident is that you show signs of impairment or intoxication according to the officer’s observations and judgment.

Additionally, the zero-tolerance law states that it is unlawful for anyone under the legal drinking age of 21 will be arrested and charged with a DUI no matter how slight their blood alcohol concentration.

What Should You do if you are Stopped for DUI by Police?

Don’t make any suspicious or sudden gestures or movements.

Officers are trained to be cautious and do what’s necessary to protect themselves. They approach the car from behind, so they always have a clear view of the driver. They look for sudden and suspicious movements that could indicate you have a weapon. Your hands should remain on the wheel. You should wait until the officer approaches your car window.

Be Respectful and Polite

For most people, being pulled over for DUI is a nerve-racking experience. However, no matter how frightened you are, be respectful to the police officer. Being rude or hostile to the officer can be used to show that you were drunk or impaired. It is crucial to remember that when you're pulled over for DUI, everything about the stop is being recorded. When asked to step out of your vehicle, calmly comply with the officer's request.

Do NOT volunteer information.

The police are not a neutral third party and they are not your friends. It is best to say as little as possible to them. Remember, anything said by you can and will be used against you in court. The only information you are required to provide the officer are your driver's license, vehicle registration, and evidence of insurance coverage. Politely decline to answer any other questions and let them know that you need to talk to your lawyer first.

Do not agree to take to a field sobriety test.

Police can ask you to step out of your vehicle. However, they cannot force you to perform field sobriety tests. These tests are entirely voluntary. The test is a subjective test, which only the police officer observes and reports. When an officer legally asks you to step out of your vehicle, you need to comply. Once out of your car, respectfully refuse to perform all field sobriety tests.

Field sobriety tests are challenging because they are specific tests that rely on balance. If you have poor balance, you will fail these tests. Even if you have not consumed alcohol, you could fail these tests. If you refuse to do a field sobriety test, your license could be suspended. However, if you are convicted of a DUI, your license will be suspended anyway.

Protect yourself.

• Everything that happens from the time the police pulls you over until the time you are released matters. Police can video and record everything you do and say.
• Don’t make any sudden gestures or movements that could be interpreted as threatening, drunk, or impaired behavior.
• Don’t say anything which could be used against you to confirm that you were drunk or impaired.
• Don’t provide any evidence that is not required by law that could convict you of DUI.
• As soon as you have been released from police custody, write down everything that was said or done. You want to give a thorough report of what happened at the scene to your attorney.

Contact a criminal defense attorney.

A DUI conviction immediately results in:

• driver’s license suspension
• payment of burdensome fines and court costs
• your vehicle being placed in an interlock device
• you will likely spend some time in jail and
• you’ll be required to attend drunk driver training.

A DUI conviction can also bring about consequences that can follow you for the rest of your life. A DUI that shows up on a background check can cause a prospective employer not to hire you, it can cause a prospective landlord not to rent you property. A DUI can trigger an increase in your insurance rates. If you have aspirations of attending college, an admissions officer may deny your application.

A DUI charge in Arizona is serious. There are many DUI defenses that can be explored with the help of a criminal defense lawyer experienced in defending against DUI charges.

• The traffic stop leading to the investigation could have been improper.  
• The police reports summarizing the incident could have left out important information. 
• Video or audio recordings of your arrest may reveal errors in procedure.
• Breath alcohol tests may have been conducted improperly.

Contact an Arizona DUI lawyer for a free consultation to start building a legal strategy and provide you the best possible defense to win your DUI case.