What to Expect After an Arrest for a First-Time DUI in Arizona
Arizona treats DUI more seriously than many states. A basic DUI applies when your blood alcohol concentration is 0.08 or higher, or when drugs or alcohol impair your driving to the slightest degree. Drivers under 21 can be charged with any detectable alcohol. Commercial drivers face lower limits. Police will often rely on field sobriety tests, a breath test, or a blood draw to build their case. Each test has rules the State must follow, which creates room for a defense when procedures are not followed closely.
The Roadside Stop and What It Means for Your Case
Most cases begin with a traffic stop for a small violation like speeding or a wide turn. The officer needs reasonable suspicion to stop you and further suspicion to expand the stop into a DUI investigation. Body camera footage and dispatch logs show the timeline and what the officer actually observed. Those details can decide whether the court will allow the breath or blood results into evidence.
Testing: Breath, Blood, and Field Sobriety
Breath machines must be calibrated on a strict schedule. If logs are missing or the machine was out of tolerance, results can be unreliable. Blood draws require a warrant or a valid exception and a chain of custody. If the draw was taken too late, stored improperly, or tested with poor lab practices, the defense can challenge the result. Field tests are subjective and often affected by fatigue, shoes, uneven pavement, and medical issues. A clear video record helps show what really happened.
Penalties for a First DUI
A first DUI conviction can carry jail time, fines and surcharges, alcohol classes, and a license suspension. The court can also require an ignition interlock device. The exact penalty depends on your alcohol level, whether there was a crash, and your driving history. Even when jail is required, there are often ways to reduce the time you serve through alternatives the court allows. The real cost often includes lost work time, higher insurance, and the long-term impact of a criminal record.
Defense Strategies That Make a Difference
Good defenses are built on facts. Common angles include challenging the basis for the stop, the extension of the stop, the accuracy of testing devices, the timing of the draw, and inconsistencies between reports and video. Medical conditions like reflux or diabetes can affect breath readings. Mouth alcohol from recent belching or dental work can also skew results. When the State’s proof weakens, prosecutors become more open to reductions, diversion, or agreements that protect your record.
What To Do After an Arrest
Write down everything that happened, including where you were stopped, what the officer said, the times on any paperwork, and whether roadside tests were recorded. Save receipts and text messages that help build a timeline. Do not post about the case online. Bring all documents to a consultation so your attorney can move quickly for body cam, dash cam, and lab records that can be lost if you wait.
Talk With a Phoenix DUI Defense Lawyer
Early action can change the outcome. If you were arrested for DUI, get answers before court deadlines pass. Contact the Law Office of James E. Novak at (480) 413-1499 to discuss your options and start a defense plan that protects your license and your future.
