There is a provision in our Arizona law that punishes minors for having alcohol in their system while driving a car. It is often referred to as a "baby DUI" by state prosecutors, DUI defense attorneys, and local Judges. However, there is nothing "baby" about the punishments that come with an underage DUI charge.
What happens if I don't want to give blood, breath, or urine to an Arizona police officer during a DUI investigation? Well, in Arizona, by getting an Arizona driver's license, or even by driving on our streets, you have given your consent to submit to a police officer's request for a blood, breath or urine sample. Ask any experienced DUI defense attorney how many low BACs (from .000 to .05) they see in the lists of the state's blood test results, and you'll understand how many people are being forced to give a sample of their blood to police officers every day in Arizona. And there are consequences if you refuse to submit a sample.
If your DUI lawyer is worth their weight in salt, one of the first things that they are going to do in your DUI case is request an MVD (Motor Vehicle Division) hearing.
With city and county budgets heading more and more into the red in Arizona, it seems that police officers have been feeling the need to justify their salaries by bringing in more money to their municipalities. Due to the fact that DUIs are a huge revenue stream in Arizona, we have begun to see more and more cases being charged as DUIs that don't appear on their face to be DUIs. Specifically, we have seen an increase in DUI cases that don't involve driving.
In Arizona, police need what is known as 'probable cause' in order to make a DUI arrest. That means that before the police can arrest someone for a DUI in Arizona, the police must have probable cause to believe both that the crime of DUI has been committed, and that the person being arrested actually committed the crime. But what exactly is and constitutes probable cause?