DUI Arrest

Criminal Defense Attorney for DUI arrest in Tempe

DUI Arrest Tempe AZ | DUI Case Stages | DUI Lawyer Tempe AZ

DUI Case Stages in Arizona

A DUI arrest is the first stage or beginning of the criminal process. The police may arrest a person if they have a legal warrant; observe a crime or have "probable cause" to believe that person committed a crime or an act prohibited by law. Following initial questioning; observations; and preliminary testing, the police may transport you to another location for additional breath test; blood test; or other chemical testing for drugs or alcohol.

DUI Arrest Tempe, AZ

The police may arrest a person if they have a legal warrant; observe a crime or have "probable cause" to believe that person committed a crime or an act prohibited by law. The US Supreme Court has held that in order to make a criminal or DUI arrest, the police must meet the "probable cause" standard. There must be substantiated cause to make the arrest. For example in the case of a DUI, the police officer would need evidence in the way of a observations of driving consistent with someone who is "impaired to the slightest degree"; a breathalyzer test with results that exceed 0.8% Blood Alcohol Content (BAC) legal limit in Arizona; failed preliminary FST-Field Sobriety test; an admittance by the suspect that they were driving drunk; or other compelling evidence. Following an arrest, the following processes take place:

  • Miranda Rights: After your arrest, the police must read your Miranda Rights. This language basically informs you of two main constitutional rights: 1) Your right to remain silent and 2) Your right to be represented by an attorney and to have them present during any questioning involved with the charges.

  • Booking Process: Some DUI charges such as felony or aggravated DUI involve booking a person into jail. If you will be booked into jail, you will be asked to provide ID along with other routine questions. Routine ID questions are safe to answer. However, if you are being interrogated about the charges, you should invoke your Miranda Rights, by verbally or in writing stating that you do not wish to answer those questions without your attorney present. You will then be fingerprinted, and photographed (mug-shot) and then detained in jail.

  • Investigations Following DUI Arrest: The police will generally do background checks to determine if other DUI convictions exist; and confirm the validity and status of your driver's license. 1) For Misdemeanor DUI charges, the police usually have enough information to formally charge you. They will then issue the citation which includes your scheduled court hearing in Tempe City court or Justice court. If DUI/Drug Lab or chemical testing was involved, they will need to wait for the results of the testing before they can issue formal charges. 2) For felony DUI charges, the Arizona prosecution may be involved in the formal charging decision. So it may take more time for the formal charges to be read. Most Felony DUI charges are heard in Arizona Superior Courts. However, some preliminary hearings for Felony DUI charges may be held in the lower courts such as Justice Courts or City Courts.

  • Initial Appearance: Following an arrest, a person must be brought before a judge for an "Initial Appearance" within 24 hours for terms of release if bondable; provided further orders for continued detention; or they must be released. These conditions are referred to as "Release Conditions".

DUI Lawyer Tempe AZ

If you were arrested for Arizona DUI charges you should consult a qualified criminal defense lawyer as soon as possible to discuss your charges and defense options. The Law Office of James Novak, provides a free Consultation for active criminal in the service areas including Phoenix-metro and East Valley Cities in Maricopa County. If retained, James Novak, experienced DUI & Criminal Defense attorney will protect your rights; defend your charges through the DUI case stages; and work to get you the best outcome in your case.