One of the most important steps you can take after a DUI arrest is to understand your legal rights and learn what questions to ask a DUI attorney before deciding how to move forward.
Arizona DUI laws can be complicated. Under A.R.S. § 28-1381, a person can be charged with DUI for driving or being in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of substances if the person is impaired to the slightest degree. The statute also addresses an alcohol concentration of 0.08 or more within two hours of driving or actual physical control.
A first offense does not mean the charge should simply be accepted without examining the evidence. A DUI lawyer can review the traffic stop, the police investigation, field sobriety tests, a breath or blood test, statements made to law enforcement, and other evidence to determine what issues may exist in the DUI case.
Whether you are facing a Phoenix DUI, a DUI charge in Mesa, or another Arizona DUI case, asking the right questions can help you understand what comes next.
Table of Contents
- What Should I Ask a DUI Attorney About My First-Time DUI?
- What Exactly Am I Charged With Under Arizona Law?
- What Evidence Does the State Have Against Me?
- Did Police Have Probable Cause or Reasonable Suspicion to Stop Me?
- How Reliable Are My Field Sobriety Tests?
- Can My Breath or Blood Test Be Challenged?
- Could My Driver’s License Be Suspended?
- What Penalties Could Apply to My First DUI?
- Will I Have to Install an Ignition Interlock Device?
- What DUI Defenses May Apply to My Case?
- Does a First DUI Automatically Mean Jail Time?
- Could My DUI Become an Aggravated DUI?
- How Much Does a DUI Lawyer Cost?
- FAQs About a First DUI in Arizona
- Important Things to Remember
- How Arja Shah Law Firm Can Help
What Should I Ask a DUI Attorney About My First-Time DUI?
When you meet with a DUI attorney, you should feel comfortable asking direct questions about your case. You do not need to understand every part of Arizona criminal law before speaking with a lawyer. Your attorney should explain the allegations, evidence, possible penalties, and available options in language you can understand.
Some questions to ask a DUI lawyer include:
- What specific DUI offense am I charged with?
- What evidence does the prosecution have?
- Did police have reasonable suspicion to stop my vehicle?
- Did officers have probable cause to arrest me?
- Were the field sobriety tests administered correctly?
- Can my breath or blood test be challenged?
- Could there be problems with the BAC evidence?
- Will my driver’s license be suspended?
- What mandatory minimum penalties could apply?
- Could I face jail time?
- Will I need an ignition interlock device?
- What DUI defenses should we investigate?
- What happens at my next court date?
- How much will legal representation cost?
- What should I do while my DUI case is pending?
These questions can help you understand not only the potential penalty but also how an attorney plans to investigate the DUI charge.
What Exactly Am I Charged With Under Arizona Law?
Before discussing possible outcomes, ask your attorney to explain the exact charge filed against you.
The term “DUI” covers several different offenses under Arizona law. A standard DUI under A.R.S. § 28-1381 can involve alcohol, drugs, or a combination of substances. The statute prohibits driving or being in actual physical control of a vehicle while impaired to the slightest degree and also addresses cases involving an alcohol concentration of 0.08 or more.
Arizona also has separate offenses involving higher BAC levels.
Under A.R.S. § 28-1382, an extreme DUI generally involves an alcohol concentration of 0.15 or more, while a super extreme DUI involves an alcohol concentration of 0.20 or more. These charges can carry different mandatory sentencing requirements than a standard first offense.
That makes it important to ask:
“What specific DUI charge am I facing, and what penalty applies to that charge?”
A lawyer should also determine whether the case involves allegations involving drugs, actual physical control, a high BAC, or another circumstance that could affect the potential penalty.
What Evidence Does the State Have Against Me?
One of the most important questions to ask your attorney is:
“What evidence does the state actually have against me?”
A DUI arrest does not automatically establish every element of a DUI charge. The prosecution may rely on several different types of evidence, and your DUI attorney should examine how that evidence was obtained.
Depending on the case, evidence may include:
| Evidence | What Your Attorney May Review |
|---|---|
| Police report | Officer observations and description of events |
| Body-camera footage | Statements, behavior, testing, and interactions |
| Dash-camera footage | Driving behavior and circumstances of the stop |
| Field sobriety tests | Administration and interpretation of the tests |
| Breath test | Equipment, procedures, and reported results |
| Blood test | Collection, handling, testing, and laboratory records |
| Statements | What was said before and after the arrest |
| Driving behavior | Alleged signs of impairment |
| Witness statements | Information from passengers or other witnesses |
| Dispatch records | Timing and communications surrounding the DUI arrest |
The evidence may tell a more complicated story than the initial police report suggests.
For example, a video could show circumstances that are not fully reflected in a written report. A blood alcohol concentration result may need to be examined alongside collection and laboratory records. Field sobriety tests may need to be evaluated in light of how they were administered and the circumstances in which they occurred.
An experienced DUI lawyer should be willing to investigate these issues rather than simply assume the state’s evidence is accurate.
Did Police Have Probable Cause or Reasonable Suspicion to Stop Me?
Ask your attorney:
“Was the traffic stop lawful?”
Law enforcement generally needs a legal basis to stop a vehicle. Your DUI lawyer can examine why the officer initiated the traffic stop and whether the investigation that followed was legally justified.
For example, your attorney may want to know:
- Did an officer observe a traffic violation?
- Was the vehicle allegedly speeding?
- Did police receive a report about the vehicle?
- Did an officer claim the vehicle was weaving?
- Was there an accident?
- Did another driver call law enforcement?
- When did the DUI investigation begin?
- What did the officer observe before asking questions?
- When did the officer ask you to perform field sobriety tests?
- When did the officer decide to arrest you?
The question is not simply whether the officer suspected a DUI. The timeline of the investigation can matter.
Your attorney can examine whether there was reasonable suspicion to stop you and whether probable cause existed for the arrest.
These issues can become particularly important when there are disagreements between the police report, video footage, witness accounts, and other evidence.
How Reliable Are My Field Sobriety Tests?
Many DUI investigations involve field sobriety tests. If you were asked to perform these tests, ask your attorney:
“Can we challenge the field sobriety tests?”
Field sobriety tests may include observations of walking, balance, eye movements, or other physical tasks. However, the circumstances under which these tests were performed can affect how the results should be interpreted.
Your attorney may consider:
- Weather conditions.
- Road or parking-lot conditions.
- Lighting.
- Footwear.
- Physical limitations.
- Medical conditions.
- Age.
- Fatigue.
- Nervousness.
- Instructions given by the officer.
- Whether the officer properly demonstrated the test.
- Whether the officer accurately documented the results.
The fact that someone struggled with a field sobriety test does not necessarily answer the legal question of whether that person was impaired under Arizona DUI laws.
A DUI attorney should examine the test itself and the circumstances surrounding it.
Can My Breath or Blood Test Be Challenged?
If police administered a breath or blood test, ask your attorney:
“How will you evaluate my chemical test?”
Arizona’s implied consent law is addressed in A.R.S. § 28-1321. The statute provides that a person who operates a motor vehicle gives consent to certain testing under specified circumstances after an arrest for an offense involving driving or actual physical control while under the influence. It also establishes consequences associated with refusing a required test.
The law provides that a refusal can result in a suspension or denial of the person’s driving privilege, subject to the procedures in the statute.
A breath or blood test can therefore have consequences beyond the criminal DUI case.
Your attorney may examine:
- When the test was administered.
- What type of test was used.
- Whether the equipment was properly maintained.
- Whether testing procedures were followed.
- Whether a blood sample was properly collected.
- How the sample was stored.
- How the sample was transported.
- Laboratory procedures.
- Chain-of-custody documentation.
- Whether the reported BAC is consistent with other evidence.
- Whether the state can establish the reliability of the test.
Arizona law specifically addresses an alcohol concentration of 0.08 or more in A.R.S. § 28-1381. The statute also contains evidentiary provisions concerning blood, breath, and other bodily substances.
This is why you should not assume that the existence of a blood alcohol concentration result ends the legal analysis.
Could My Driver’s License Be Suspended?
Another question to ask your DUI attorney is:
“What happens to my driver’s license?”
A DUI arrest can create administrative consequences separate from the criminal court proceeding.
Under A.R.S. § 28-1385, the Arizona Department of Transportation may become involved following certain DUI arrests and qualifying test results. The statute also establishes procedures concerning administrative suspension, hearings, and ignition interlock requirements.
This means that your attorney should review the paperwork you received at or after your DUI arrest.
Ask whether:
- A license suspension has been initiated.
- You received an administrative hearing notice.
- There is a deadline for requesting a hearing.
- You currently have driving privileges.
- You qualify for a restricted license.
- An ignition interlock requirement could apply.
- You need to take immediate action with the Arizona Department of Transportation.
Do not assume the driver’s license issue will automatically wait until your criminal case is resolved.
For many people, the ability to drive to work, school, medical appointments, or family obligations is one of the most immediate concerns following a DUI arrest.
What Penalties Could Apply to My First DUI?
You should ask your attorney to explain the potential DUI penalties based on the specific charge you are facing.
A standard DUI under A.R.S. § 28-1381 is generally a Class 1 misdemeanor. Arizona law establishes mandatory sentencing provisions for a conviction, including incarceration, fines, assessments, screening or treatment requirements, and other consequences.
That means a first offense can involve mandatory minimum consequences even when the person has no prior DUI conviction.
Ask your attorney:
“What is the mandatory minimum for my specific offense?”
You should also ask about:
- Jail time.
- Fines.
- Assessments.
- Alcohol or drug screening.
- Treatment requirements.
- Community service.
- Driver’s license consequences.
- Ignition interlock.
- Probation.
- Court costs.
- Other conditions of sentencing.
The phrase mandatory minimum jail time is particularly important because some Arizona DUI offenses carry mandatory incarceration requirements.
Higher-level DUI offenses can involve substantially different penalties. Under A.R.S. § 28-1382, extreme DUI and super extreme DUI offenses have different mandatory sentencing provisions based on alcohol concentration.
Your attorney should explain the specific penalty that applies to your charge rather than giving you a generic description of DUI penalties in Arizona.
Will I Have to Install an Ignition Interlock Device?
Ask:
“Will I have to install an ignition interlock device?”
An ignition interlock device is a breath-testing device installed in a vehicle. Depending on the offense and circumstances, Arizona law can require the use of an ignition interlock following a DUI conviction.
The ignition interlock requirements are addressed in Arizona’s DUI statutes, including A.R.S. § 28-1381 and related provisions.
Your attorney can explain whether an ignition interlock could apply, when it could become necessary, and what restrictions may apply to your ability to drive.
It is also worth asking about the practical costs and requirements associated with an ignition interlock device, including installation, maintenance, monitoring, and compliance.
What DUI Defenses May Apply to My Case?
Every DUI case is unique, so your attorney should identify potential defenses based on the actual evidence.
Some DUI defenses may involve:
- Challenging the legality of the traffic stop.
- Challenging reasonable suspicion.
- Challenging probable cause.
- Examining the field sobriety tests.
- Reviewing breath-testing procedures.
- Reviewing blood-testing procedures.
- Challenging chain-of-custody issues.
- Examining whether statements were properly obtained.
- Reviewing whether police followed required procedures.
- Examining whether the evidence establishes impairment.
- Challenging whether the prosecution can establish actual physical control.
- Reviewing whether the alleged BAC meets the requirements of the offense.
For example, Arizona law prohibits driving or being in actual physical control while impaired to the slightest degree under A.R.S. § 28-1381.
That means an attorney should examine the facts surrounding the vehicle, not simply focus on the arrest itself.
If you were arrested while sitting in a parked vehicle, sleeping in your vehicle, or otherwise not driving when officers arrived, ask your lawyer how the actual physical control issue may affect your DUI case.
Likewise, if your case involves drugs, your attorney should evaluate the allegations concerning whether you were impaired by drugs and what evidence supports that claim.
Does a First DUI Automatically Mean Jail Time?
Not every DUI situation is identical, and the applicable sentence depends on the specific offense and facts.
However, Arizona’s DUI laws can include mandatory minimum jail time. A first DUI conviction under the standard DUI statute can carry mandatory incarceration requirements, which is why it is important to understand the precise charge before assuming that a first offense will result in little or no jail time.
Higher BAC offenses can carry greater mandatory minimums.
An attorney should explain the potential jail consequences of your specific charge and whether there are legal issues that could affect the case before you make decisions about a plea.
Do not rely solely on what friends, family members, or someone who had a DUI years ago tells you. Arizona DUI laws can change, and the facts of one person’s case may be very different from another’s.
Could My DUI Become an Aggravated DUI?
If you have a prior DUI, a suspended or revoked license, a person under 15 in the vehicle, an ignition interlock requirement, or certain other circumstances, ask your attorney whether aggravated DUI could be an issue.
Under A.R.S. § 28-1383, aggravated DUI can apply in several circumstances, including certain DUI offenses committed while a person’s driving privilege is suspended or revoked, certain third or subsequent DUI offenses within an 84-month period, DUI with a person under 15 in the vehicle, DUI while subject to an ignition interlock requirement, and DUI while driving the wrong way on a highway.
Some aggravated DUI offenses are classified as a Class 4 felony, while an aggravated DUI involving a person under 15 can be classified as a Class 6 felony.
This is one reason it is important to tell your attorney about any prior DUI, even if you believe it is unrelated to your current case.
How Much Does a DUI Lawyer Cost?
Ask your lawyer about fees before you agree to legal representation.
There is no single fee for every DUI case. The amount may depend on:
- The specific DUI charge.
- The court where the case is pending.
- Whether the case involves a high BAC.
- Whether chemical testing must be investigated.
- Whether motions need to be filed.
- Whether expert witnesses are necessary.
- Whether the case goes to trial.
- How complicated the driver’s license issues are.
Ask your attorney:
“What does your legal fee include?”
You can also ask whether the fee covers negotiations, court appearances, motions, trial preparation, and trial representation.
If additional expenses could arise, such as expert witnesses or investigators, ask about those costs before hiring the attorney.
The goal is to understand what legal representation involves financially so you can make an informed decision.
Why Should I Hire a DUI Lawyer Instead of Handling the Case Myself?
Some people facing a first offense consider handling the case themselves because they have never been arrested before and believe the charge may be straightforward.
However, DUI cases can involve criminal law, driver’s license issues, chemical testing, constitutional questions, sentencing requirements, and technical evidence.
An experienced DUI lawyer can help you understand what evidence matters and what deadlines you need to meet.
You can always ask a lawyer:
“What would you investigate if you were handling my case?”
The answer can tell you a great deal about how the attorney approaches DUI defense.
Attorneys who specialize in DUI understand that the police report is only one part of the evidence. They may review video, testing records, officer testimony, laboratory evidence, and other information before advising you.
FAQs About a First DUI in Arizona
What should I do if I was arrested for DUI in Arizona?
Contact a DUI attorney as soon as reasonably possible and provide the attorney with all paperwork you received. Do not make decisions about your DUI charge based solely on advice from friends or online sources.
If you were arrested for DUI in Arizona, ask whether any driver’s license deadline applies and whether you have an upcoming court date.
Is a first-time DUI a misdemeanor?
A standard DUI under A.R.S. § 28-1381 is generally a Class 1 misdemeanor. However, Arizona has several DUI offenses with different classifications and penalties. An aggravated DUI can be a felony depending on the circumstances.
Can a first DUI result in a DUI conviction even if my BAC was below 0.08?
Potentially, yes. Arizona’s DUI statute does not rely exclusively on the 0.08 BAC threshold. It also prohibits driving or being in actual physical control while impaired to the slightest degree.
Your attorney should therefore examine all of the evidence, not only the BAC result.
What if I refused a breath or blood test?
Tell your attorney exactly what happened. Arizona’s implied consent law addresses refusal and can result in driver’s license consequences separate from the criminal DUI case.
Can field sobriety tests be challenged?
The circumstances surrounding field sobriety tests can be examined. Your attorney may review how the tests were administered, the conditions where they occurred, your physical condition, the officer’s instructions, and the officer’s interpretation of the results.
What is the difference between a first offense and multiple DUI offenses?
Arizona law can impose substantially different consequences when a person has prior DUI convictions. Certain third or subsequent DUI offenses within an 84-month period can constitute aggravated DUI under A.R.S. § 28-1383.
Should I plead guilty at my first court appearance?
Do not assume you should plead guilty simply because it is your first offense or because you want the case to end quickly.
Before entering a plea, ask your attorney to explain the evidence, potential penalty, possible defenses, and consequences of each available option.
Important Things to Remember
- A first-time DUI can still involve serious criminal and driver’s license consequences.
- Arizona DUI laws address impairment, BAC, drugs, and actual physical control under different circumstances.
- A DUI arrest does not automatically mean the prosecution can prove every element of the DUI charge.
- Ask your attorney to explain exactly what offense you are charged with.
- Ask what evidence the state has before making major decisions about your DUI case.
- Police must have a legal basis for a traffic stop and subsequent investigation.
- Field sobriety tests should be examined in the context in which they were performed.
- Breath or blood test evidence may require technical and procedural review.
- Arizona’s implied consent law can create separate driver’s license consequences.
How Arja Shah Law Firm Can Help
If you are facing a DUI, choosing the right attorney can be one of the most important decisions you make during the case. Attorney Arja Shah has almost 20 years of experience and focuses on criminal defense, including DUI defense. Shah Law Firm identifies misdemeanor DUI, extreme DUI, super extreme DUI, aggravated DUI, prescription drug DUI, marijuana DUI, underage DUI, and other DUI matters among its areas of practice.
Arja Shah understands that people facing a first offense often have questions about what happens next. The firm can review the circumstances surrounding your DUI arrest, including the traffic stop, field sobriety tests, chemical testing, police reports, and other available evidence.
The firm can also help you understand potential DUI penalties, driver’s license issues, ignition interlock requirements, and the possible defenses that may apply to your case.
Shah Law Firm serves clients facing DUI charges in Phoenix and throughout Maricopa County, including cases involving Scottsdale, Tempe, Mesa, and surrounding communities. The firm’s website states that Attorney Arja Shah provides criminal defense representation for clients charged with first-time DUI, extreme DUI, super extreme DUI, and aggravated DUI cases.
If you are facing a DUI charge, you do not have to try to understand Arizona DUI laws on your own. Having a lawyer on your side can give you an opportunity to ask questions, understand your options, and make decisions based on the facts of your case.
Call Shah Law Firm today for a free consultation at (602) 560-7408, or visit https://arjashahlaw.com to schedule a confidential case review.
