Can Arizona Police Pull You Over for No Reason? click for a free consultation

Posted on March 23, 2023 in DUI

In Arizona, a police officer cannot pull you over without having “reasonable, articulable suspicion” that a crime or traffic violation may have occurred. This requirement that law enforcement must have reasonable suspicion prevents law enforcement from conducting stops for arbitrary and/or capricious reasons, like personal biases, race, gender, etc. 

In addition, some offenses are written into the law as “secondary”, as opposed to “primary,” meaning an officer must pull you over for a different “primary” infraction or offense before issuing a ticket or making an arrest for a “secondary” offense. This includes driving under the influence (DUI).

In this blog post, we explain the circumstances under which a police officer can legally pull you over in a traffic stop, including one for suspected DUI, and the circumstances that must exist before that police officer can legally place you under arrest for DUI.

If you believe you have been subject to an unlawful traffic stop in Arizona, contact Rosenstein Law Group at (480) 248-7666 to speak with an Arizona DUI legal specialist and schedule a free consultation.

Reasonable Suspicion and Traffic Stops

Although many people believe an officer needs probable cause to pull someone over, the actual standard is “reasonable, articulable suspicion.” 

This is a lower standard than probable cause, and it means that when considering all of the circumstances surrounding a traffic stop in their totality, that the law enforcement officer would be reasonable in their belief that the driver has committed a crime or violated a traffic law. Examples include speeding, running a red light, and driving with an expired tag. This standard also applies to DUI traffic stops.

A law enforcement officer cannot pull you over for a potential DUI unless the officer has reasonable suspicion that he/she can articulate with supporting facts that you are or may be committing a crime and/or traffic violation.

However, there is an exception to this rule when it comes to law enforcement conducting DUI checkpoints. A DUI checkpoint is a roadblock set up by law enforcement to stop drivers and check for impairment. At these checkpoints, law enforcement does not need reasonable, articulable suspicion.

When Can You Get Arrested for DUI?

While reasonable, articulable suspicion is enough to initially conduct a traffic stop, the standard is elevated to “probable cause” to make a DUI arrest. Unless the police have a warrant for your arrest, they need probable cause that you committed a crime. 

Probable cause requires law enforcement to obtain specific factual grounds that you have committed a crime or are in the process of doing so, including driving under the influence.

An officer may stop you for DUI if the officer observes a traffic violation or other driving behavior giving rise to reasonable, articulable suspicion of impairment, like rolling through a stop sign, making an unsafe lane change, or making a wide turn (this last one is the most common in the context of DUI cases).

During the traffic stop, if the officer sees possible signs of impairment, he or she may request that you submit to a breathalyzer test. A BAC of 0.08% or higher creates a presumption of impairment.

However, you could also get arrested with a BAC less than 0.08% in Arizona if the officer sees signs and/or symptoms that you are “impairment to the slightest degree,” according to Arizona’s DUI law (A.R.S. 28-1381). 

What if an Officer Pulled You Over for No Reason?

Without reasonable, articulable suspicion, an officer cannot legally pull you over. Without probable cause, you cannot legally be arrested for DUI. However, sometimes law enforcement officers do not follow the proper legal standards when pulling drivers over and making arrests. If you get pulled over for no reason, or a reason that doesn’t seem to apply to you, you have legal rights.

• You are required to submit to a chemical test only after being arrested under Arizona’s Implied Consent Law (A.R.S. §28-1321). Failure to verbally consent to chemical test(s) will result in a 12-month license suspension for a first time refusal within an 84-month period, and 24-months for a second refusal within an 84-month period.
• Submitting to a “chemical test” as noted above does NOT include blowing into a Portable Breath Testing (PBT) handheld device on the side of the road but rather a breath sample into an Intoxilyzer 9000 and/or blood draw.
• The police cannot force you to participate in any field sobriety test – so don’t if you have been consuming any drug(s) and/or alcohol prior to or while driving.

If you get arrested on suspicion of driving under the influence, remain calm and don’t resist the arrest. Say nothing with the only exception of providing your truthful name, until you have an attorney present. Request politely to speak with an attorney before answering any questions and before submitting to a chemical test. If an investigation of your case finds that the officer did not have reasonable, articulable suspicion to pull you over or probable cause to arrest you, your DUI lawyer can use this in your defense. If the officer lacks reasonable, articulable suspicion for conducting the traffic stop, then any and all evidence obtained therefrom cannot be used against you in criminal court.

Rosenstein Law Group has experienced Arizona DUI attorneys who will represent you in all kinds of DUI cases, including situations in which the police do not follow proper procedures in pulling you over, arresting you, gathering and preserving evidence against you, and violating your constitutional rights while you are in custody. 

Our team of attorneys has more than 200 years of combined legal experience and we have successfully handled thousands of DUI cases throughout Arizona. We will stand by your side throughout the entire process. 

Put one of our skilled DUI attorneys to work on your case immediately. Contact us online or reach us 24/7 by calling (480) 248-7666.