Answer:

 

DO hand the police officer your license, registration, and insurance.

 

DO ask to speak to an attorney immediately. Do this even if you believe you are sober. This is very important because it invokes certain constitutional rights that a lawyer can later use to your advantage. After you do this the police must give you a reasonable opportunity to call an attorney at some point during the investigation.

 

 

• DO NOT perform any field sobriety tests or the eye test. These tests are different than the blood or breath tests and are highly subjective and unfair. Also, the MVD will not suspend your license if you refuse these tests.

 

• DO ask to be released as soon as possible to obtain an independent blood test at a hospital. Do this even if you have already given a blood or breath sample to the police. This is important because it encourages the police to release you immediately and it gives you an opportunity to have your own blood sample to test and challenge the police sample.

 

• DO be polite.

 

WARNING: Many people believe that they are helping themselves by answering a police officer's questions at the scene of a DUI arrest. Often, they are only hurting their case. You must remember that everything you say will be written down by the police and used against you in court. You have an absolute right in Arizona to remain silent.

 

The following is a list of some possible punishments you will face if convicted of DUI under Arizona law:

 

IF CONVICTED OF YOUR FIRST MISDEMEANOR “REGULAR” DUI (IMPAIRED TO THE SLIGHTEST DEGREE)

 

The punishment for your first conviction of misdemeanor DUI is at least 10 days in jail. Of those 10 days, 9 days can be suspended only upon completion of mandatory alcohol classes. There is a minimum fine and surcharge of approximately $1500, though this can be much higher. The maximum jail punishment allowable by law is six months in jail. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction) and may require you to attend a traffic survival school. Also, the MVD will require you to get an ignition interlock device on your car for a minimum of 1 year.

 

NOTE: Many people think that they will automatically get 1 day in jail for a “regular” DUI. This is not true anymore. Although some people do get the minimum, many other people are sentenced to more than 1 day in jail because of aggravating factors in the case. For example, some prosecutors use a "grading scale" to determine jail time. So if your BAC level is, hypothetically, .14%, the prosecutor may seek more days in jail because you are so close to the Extreme level. Please consult with an attorney regarding this issue.

 

IF CONVICTED OF YOUR FIRST MISDEMEANOR “EXTREME” DUI (BAC LEVEL .15% to .19%)

 

If you are convicted of Extreme DUI, the punishment requires at least 30 days in jail. Of those 30 days, no days can be suspended by the court (under the old law, 20 days could be suspended). There is a minimum fine and surcharge of approximately $2500, though this can be much higher. The maximum jail punishment allowable by law is six months in jail. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction) and may require you to attend a traffic survival school. The MVD will also require that you get an ignition interlock device on your car for a minimum of 1 year.

 

NOTE: Although the minimum punishment for Extreme DUI is 30 days in jail, you may be able to get work release during your jail time for a maximum of 60 hours a week. This must be ordered by the judge at sentencing and it is not always given. Please consult with an attorney regarding this possibility.

 

IF CONVICTED OF YOUR FIRST MISDEMEANOR “SUPER EXTREME” DUI (BAC LEVEL .20% OR HIGHER)

 

If you are convicted of Super Extreme DUI (a new Arizona law as of 9/19/2007), the punishment requires at least 45 consecutive days in jail (yes, 45 days, even if you have no prior criminal history). Of those 45 days, no days can be suspended by the court, and you still must attend alcohol classes. There is a minimum fine and surcharge of approximately $2750, though this can be much higher. The maximum jail punishment allowable by law is six months in jail. The MVD will suspend your license for at least 90 days (you may be able to get a 60-day work or school restriction) and may require you to attend a traffic survival school. The MVD will also require that you get an ignition interlock device on your car for a minimum of 18 months.

 

NOTE: Although the minimum punishment for Super Extreme DUI is 45 days in jail, you may be able to get work release during your jail time for a maximum of 60 hours a week. This must be ordered by the judge at sentencing and it is not always given. Please consult with an attorney regarding this possibility.

 

IF CONVICTED OF YOUR SECOND MISDEMEANOR DUI (“REGULAR”, “EXTREME” or “SUPER EXTREME”)

 

If convicted of your second misdemeanor DUI within 7 years of your first DUI conviction (within 7 years of the dates of offense, not dates of conviction), the punishment requires at least 90 days in jail. Of those 90 days, 60 days can be suspended only upon completion of alcohol screening and classes. The maximum punishment allowable by law is six months in jail. If you are convicted of Extreme DUI, and you have a prior DUI conviction within 7 years, the punishment requires at least 120 days in jail. Of those 120 days, no days can be suspended. If you are convicted of Super Extreme DUI, and you have a prior DUI conviction within 7 years, the punishment requires at least 180 days in jail. Of those 180 days, no days can be suspended. In all cases, you will be required to attend alcohol classes, perform 30 hours of community service, the MVD will revoke your license for at least one year, and the MVD will require you to get an interlock device on your car.

 

NOTE: You may be able to get work release during your jail time for a maximum of 60 hours a week. This must be ordered by the judge at sentencing and is not always given. Please consult with an attorney regarding this possibility.

 

IF CONVICTED OF A MISDEMEANOR "DRUG" DUI

 

In Arizona, the law and the punishment for a first-time "drug" DUI is almost exactly the same as the law and the punishment for an alcohol-related, first-time "regular" DUI. Just as it is illegal for a person to drive an automobile with too much alcohol in their system, it is equally illegal to drive an automobile with any drug in your system that impairs your ability to drive. The drug can be an illegal drug, like marijuana, or it can be a prescription drug, like Ambien. Either way, if it impairs your ability to drive to the slightest degree, you can be convicted of DUI. For many people, like senior citizens (who often take medications on a regular basis) this does not seem fair. But it is the law in Arizona.

 

Unlike alcohol DUI cases, there is one additional punishment that is usually imposed in "drug" DUI cases. If the judge finds that a DUI conviction involved a "drug", as opposed to alcohol, the judge will often notify the MVD of this finding. When the MVD learns of this, the MVD policy is to revoke a person's driver license for an entire year (as opposed to the normal 90-day suspension). It does not matter to the MVD if the drug was a prescription drug or an illegal drug. That is why many people believe it is better to be convicted of a an alcohol-related DUI, than a drug-related DUI.

 

NOTE: Under Arizona law, if a person has an "illegal" drug in their system, like marijuana, the State does not need to prove that the person's ability to drive was impaired. The State only needs to show that the drug's "metabolite" was present in the person's system. So, even if a person smoked marijuana several days prior to the DUI arrest, they can still be convicted of DUI if the metabolite is still present in their system at the time they were arrested. That seems incredible, but that is the law!

 

IF CONVICTED OF AGGRAVATED DUI (FELONY DUI)

 

If you are convicted of Aggravated DUI, you have been convicted of a felony offense. There are three ways in which you can be charged with Aggravated DUI. First, prosecutors can charge you with Aggravated DUI if you commit the crime of DUI while your driver license is suspended, revoked, cancelled, or restricted. Second, they can charge you with Aggravated DUI if it is your third DUI conviction within 7 years (the dates of offense must be within 7 years, not the dates of conviction). Third, they can charge you with Aggravated DUI if you are driving while impaired and there is a child in your car. In most Aggravated DUI cases, you will be facing mandatory time in prison, if convicted. Call an attorney immediately.

 

MOTOR VEHICLE DIVISION CONSEQUENCES (ARIZONA'S IMPLIED CONSENT LAW & ADMIN PER SE)

 

When you are convicted of a DUI in Arizona, the Arizona Motor Vehicle Division (MVD) will take action against your driver license. For a first-time DUI, the normal policy is to suspend a person's license for 90 days, require a traffic survival school (TSS), and require an ignition interlock device. For a second-time DUI, the MVD will usually revoke a person's license for at least 1 year, and will require an ignition interlock device. For a more complete list of consequences, refer to this web page at the Arizona Motor Vehicle Division.

 

In Arizona, however, the MVD does not need to wait for a DUI conviction in order to take action against your license. Anyone who drives a car in Arizona is subject to what is known as Arizona's "implied consent law." This law says that anyone who is lawfully arrested in Arizona on reasonable grounds of committing DUI, must give the police a sample of their blood, breath, or urine (See A.R.S. 28-1321). If the person refuses, the person will lose their privilege to drive in Arizona for 1 year. This 1 year suspension will occur regardless of whether or not the person is later convicted of DUI.

 

Arizona law also says that if a person's blood or breath test reveals a BAC level over .08%, the MVD can suspend a person's driving privileges for 90 days. This is known as an "admin per se" suspension (See A.R.S. 28-1385). This 90 days suspension will often occur before a person has even finished their court case, and before a person is even convicted of DUI. In fact, the MVD does not care if you are ultimately found Guilty of DUI and does not have to wait for a conviction. Many people are later found Not Guilty of DUI, but still had to suffer the 90 day admin per se suspension. It seems unfair, but that's the law!

 

NOTE: In some cases, it is possible to challenge an MVD suspension that occurs before a person has been convicted of DUI. In order to do this, a defendant, or an attorney, must request a hearing with the MVD. If you win the hearing, your license will not be suspended prior to a DUI conviction. However, there may be legal and strategic reasons why a person should not request a hearing and fight the suspension. In some cases, it is actually better to allow the MVD to suspend your license before your criminal case is completed. You should consult with an attorney regarding this issue because MVD policies are very complicated and cannot be fully explained on a web site.