| Following an arrest for a DUI in Arizona, the Arizona | | | | interviews, photographs, diagrams, laboratory reports |
| Department of Transportation has the right to suspend | | | | regarding breath, blood, or urine, police officer logbooks, |
| your driving privileges. If you successfully completed a | | | | field notes and witness statements. The goal in your |
| breath or blood test and the test results are not | | | | case is to develop a strong list of defenses and work |
| available or the results indicate your alcohol | | | | towards a dismissal of your DUI charges. |
| concentration is.08 or above, your Arizona driver | | | | The evidence obtained should be investigated to |
| license, AZ driver permit or nonresident driving privilege | | | | determine if any valid motions should be filed to limit the |
| will be suspended for not less than 90 consecutive | | | | admissibility of evidence at trial or have the case |
| days. If you refuse to submit or do not successfully | | | | dismissed altogether. The investigation should include |
| complete the specified tests, your Arizona driver | | | | visiting the arrest scene, interviewing civilian witnesses |
| license/permit or nonresident driving privilege will be | | | | and Arizona police officers and having your own tests |
| suspended for 12 months. You only have 15 days to | | | | performed. You can also hire an expert to review the |
| request a hearing in order to challenge the | | | | evidence in your case to get their opinion. Once the |
| administrative suspension of your driving privileges. | | | | discovery and investigation have been completed you |
| If your driving privileges are suspended for 90 | | | | will be in a better position to assess the case and your |
| consecutive days, you will be eligible for a work/school | | | | options. |
| restricted permit for the remaining 60 days if the | | | | At your pre-trial conference you can discuss the facts |
| Arizona Department of Transportation receives | | | | of your case with the prosecutor. A negotiated |
| evidence indicating you completed an alcohol | | | | settlement of the case should be considered. The |
| screening. If your driving privileges are suspended for | | | | prosecutor may agree to reduce the charges or make |
| 12 months, you will be eligible for a work/school | | | | a favorable recommendation regarding sentencing. |
| restricted permit after 90 days if the Arizona | | | | Sometimes a plea agreement will have enough |
| Department of Transportation receives evidence | | | | incentive for you to waive your right to trial and |
| indicating you completed an alcohol screening, installed | | | | resolve your case. Another option is a plea to the |
| a certified ignition interlock device and purchased a | | | | Court and let the Judge assigned to your case |
| SR-22 insurance policy. | | | | determine the sentence for you. At sentencing, you |
| If your vehicle was impounded for 30 days after your | | | | can make arguments and present evidence |
| Extreme DUI, Underage DUI arrest or Aggravated DUI | | | | concerning the appropriate sentence. |
| arrest you only have 10 days to request a post | | | | Everyone accused of a DUI in Arizona is entitled to a |
| storage hearing to determine if your vehicle will be | | | | trial by jury. The jury will hear the evidence and |
| eligible for early release. The owner of the vehicle, | | | | determine innocence or guilt. The state has the burden |
| owner's spouse, lien holder or other interested party | | | | of presenting evidence and proving beyond a |
| has the right to request a post storage hearing. | | | | reasonable doubt that you are guilty of the DUI |
| Your first Court date will be set to an arraignment | | | | charges. After the prosecution has presented all of its |
| after your arrest for a misdemeanor DUI in Arizona. A | | | | evidence, you will have an opportunity to present any |
| not guilty plea to the charges should be entered and | | | | evidence beneficial to your case. If a jury finds that the |
| the case should be set to a pre-trial conference. A | | | | state has not proven its case beyond a reasonable |
| copy of all discovery in your case should be requested | | | | doubt, it should return a verdict of not guilty. If the jury |
| from the prosecutor assigned to your case. The | | | | cannot decide, a hung jury may be declared and the |
| discovery is all of the information relevant to your DUI | | | | case is retried. If the jury finds you guilty you will be |
| case. The discovery should include police reports, | | | | sentenced by the Judge. |
| crime lab records, videotapes, 911 calls, dispatch calls, | | | | |