If you are arrested for a DUI in Arizona, you have the right to contact an attorney. In fact, under Arizona law, a person has the right to consult in private with an attorney as soon as feasible after he or she is taken into custody. It is important that you exercise this right and request to speak with an attorney as soon as possible because the attorney can provide you with legal advice regarding your specific situation, and explain to you exactly what is going to occur while you are in police custody.
With a DUI case in Arizona, the court where your case ends up can be just as confusing as the actual case itself. Due to the differences in charges, locations, and police agencies, your Arizona DUI case can be filed in any one of three different courts and locations: either in Superior Court, in a Justice Court, or in a Municipal Court (also commonly referred to as City Courts). These differences depend largely on the type of DUI case filed, where your Arizona DUI arrest took place, and finally which agency was responsible for the arrest.
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.
One way that the police can stop you while driving in Arizona is if they have 'reasonable suspicion' that you've violated a motor vehicle law or were involved in some kind of criminal activity. That means that if you are speeding, make an improper turn, or break some other traffic law while driving in Arizona, the police may pull you over. It also means that if the police have reasonable suspicion that you were involved in some sort of other criminal activity, like a robbery or murder, they can pull you over and stop you as well. However, the police need to have a 'particularized and objective basis for suspecting the particular person stopped of criminal activity,' which means that they have to be able to articulate the objective facts that gave them suspicion that a motor vehicle law was broken, or that someone was involved in criminal activity. Once the police have reasonable suspicion that a driver broke the law, or was involved in criminal activity, the police can pull the car over and initiate a stop in order to investigate further.
In a word, YES.
This DUI blog is the furthest thing from a political blog. However, on occasions, political issues affect DUI cases in ways that are not necessarily intended. A perfect case in point is the passage of SB1070, Arizona's new immigration bill.