DUI Arrest Process– Mesa

A DUI arrest in Mesa is an unpleasant experience and having a DUI conviction can come with some harsh consequences. Some consequences include:

  • Loss of driving privileges
  • Higher insurance costs
  • Financial hardships
  • Mandatory jail time
  • Fines
  • Counseling
  • Requirement that you get an interlock device.

At Rosenstein Law Group, we want our clients to be informed and understand what to expect during a DUI arrest. We believe that an informed client, or potential client, helps defend their Mesa, Arizona DUI case.  Below we have outlined the main steps in a Driving Under the Influence case.

Mesa DUI Lawyer – Available 24/7

First of all, it is essential to know your rights and have a solid legal advocate who will fight for those rights in your corner. It would be best if you took your Miranda Rights seriously when you are stopped. Be polite to the officer and If an officer places you under arrest, then request an attorney. At Rosenstein Law Group, our local Mesa DUI attorneys can be reached 24/7. This means no matter the time, day or night, if you are being arrested for a DUI, call our office at (480) 248-7666. One of our DUI attorneys will be available to talk you through how to proceed.

What Happens When You are Pulled Over for DUI?

Suppose you are pulled over by an officer who suspects that you’re driving under the influence. In that case, the officer will look for signs of impairment, such as:

  • Smell of alcohol
  • Slurred speech
  • Watery eyes
  • Bloodshot eyes

If any of the above signs are observed by an officer, you may be asked to step out of your vehicle. Read more here on what to do at a DUI checkpoint.

What Happens Once You are Out of the Vehicle?

After exiting your vehicle, the officer will ask that you undergo one or more field sobriety tests. To obtain probable cause to arrest you for a DUI, he may also ask that you submit to a portable breath test or PBT. Note that you are not required to submit to a PBT and that there are no consequences for refusing that particular test. That said, refusing the test will likely not prevent you from being arrested for DUI.

What If You Refuse to Submit to a Chemical Test After you are Arrested?

If you are arrested for DUI, the officer will almost always invoke Arizona’s Implied Consent Law and request that you submit to a chemical test or tests. Officers typically request that an arrestee submits to a breath test, a blood test, or a urine test, or some combination of the three. Note that an officer is within his rights to request that you submit to multiple tests. Suppose you consent to the test and your blood alcohol content is above a .08. In that case, this will suspend your driving privileges for 90 days. Meanwhile, if you refuse the testing, you face a 12-month suspension of your driving privileges.

Penalties for Mesa First Offense DUI

If convicted in Mesa, Arizona for a first offense regular DUI (Impaired the Slightest Degree or BAC .08+), you can expect to face the following penalties:

  • Jail Time: 10 days jail w/ 9 suspended upon completion of substance abuse screening and recommended counseling. This leaves one actual day of jail that you must serve.
  • Fines & Fees: $250 base fine plus surcharge. $500 Prison Construction Fund assessment. $500 DPS Equipment Fund assessment.
  • Substance abuse screening and counseling
  • 8 points against your driver’s license
  • Ignition Interlock Device: 1-year interlock requirement, which can be reduced by MVD to 6 months if fully compliant with interlock rules.
  • Driver’s License Suspension: 90-day suspension of driving privileges, with no driving the first 30 days and a restricted driver’s license for the remaining 60 days if eligible (Note: if you are suspended according to Arizona’s Admin Per Se statute before being convicted, you will not face this suspension upon conviction)
  • SR22 (Note: The SR22 is only required if your driving privileges have not been suspended according to Arizona’s Admin Per Se law before the entry of the DUI conviction).

Additionally, you may be required to do community service. If you are convicted of an Extreme DUI or Super Extreme DUI, the penalties will be significantly higher.

Penalties for Mesa Second Offense DUI

If convicted in Mesa, Arizona for a Second Offense Regular DUI (Impaired the slightest degree or BAC .08 +), you can expect to face the following penalties:

  • Jail Time: 90 days in jail, with 60 suspended upon completing a substance abuse screening and any recommended counseling. This leaves 30 days of jail that you must serve.
  • Community Service: 30 hours of community service.
  • Fines & Fees: $500 base fine plus surcharge. $1250 Prison Construction Fund Assessment and $1250 DPS Equipment Fund Assessment.
  • Substance abuse screening and counseling
  • Driver’s License Revocation: 1-year revocation of driving privileges (Special Ignition Interlock Restricted Driver’s License may be available to eligible individuals after the first 45 days of the revocation period).
  • Ignition Interlock Device: 12-month interlock device requirement following the reinstatement of driving privileges.

As before, if you are convicted of a second offense Extreme DUI or Super Extreme DUI, the penalties you face will be much more onerous.

What Should You Do If You are Arrested for DUI in Mesa?

Don’t do Field Sobriety Tests, don’t blow in a portable breath test device, invoke your right to counsel early and often, and not answer questions. Once you are released, you should immediately consult with an experienced attorney who will know how to defend you in court.

Hiring a Mesa DUI Defense Lawyer

Obtaining legal representation can be beneficial to you, and in some instances, your charges can be dropped or reduced. A skilled DUI defense lawyer in the City of Mesa knows what defenses can be used that apply to your DUI circumstances.

The more you know about DUI law in Mesa, Arizona, the better you will be able to work with your DUI attorney.  But do not try to handle the situation yourself — contact Rosenstein Law Group today at 480-248-7666 for the professional support you need for your Mesa DUI case.  An experienced Mesa DUI attorney is available 24 hours a day, 7 days a week, to discuss your case.