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The Arizona DUI Process can be confusing for those who are unfamiliar with the process. A DUI can be a life alternating event. Unanticipated consequences could be loss of job and custody of children.
Here is a step by step guide to that process.
The Arizona DUI Process
Arizona DUI Process- I received a Citation, what next?
The Arizona Misdemeanor DUI process often starts with a police officer issuing a citation. The citation lists the charges and a first court appearance date, the arraignment. That date is the arraignment. At the arraignment the defendant can plea either guilty not guilty. If the defendant has a private attorney, they may not have to appear at the arraignment. If the defendant pleads not guilty plea the judge sets the case to a first pre-trial conference date.
DUI Process- No Citation or Charges filed, what now?
Some police departments do not issue citations when the only chemical test is a blood test. Those departments include
- Gilbert Police Department
- Maricopa Sheriff’s Department
- Pinal Sheriff’s Department
- Arizona Department of Public Safety
Those departments may arrest someone for DUI and then released with them no citation. Testing blood samples for alcohol and drugs can take several months. Once they have the test results those departments send the results to the appropriate prosecutor. The prosecutor then decides whether to file charges in court not not.
A prosecutor must file misdemeanor DUI charges in court within 1 year of the date of the incident.
The court then usually send a summons to the defendant to appear at an arraignment. If the defendant fails to appear at the arraignment an arrest warrant is issued. If the defendant fails to appear at the arraignment an arrest warrant issued. If the summons is mailed to the wrong or old address the defendant may not know they have a court case. Unfortunately many people find out about their case only when they have been arrested on a warrant.
If you have been arrested but not charged, you can periodically check court records at Maricopa County Justice Courts and Arizona Supreme Court’s Public Access.
DUI Process – Should I hire a Private Attorney?
Can I represent myself?
Anyone can represent themselves on any misdemeanor crime charge. When arrested for DUI the most important goal is to minimize the the effects on you and your family. If you can do that yourself then you do not need a lawyer. To best represent yourself you will have to be able to negotiate with the prosecutor to get best the plea offer. If that does not work then you must be ready to represent yourself in a jury trial.
You will have to deal with the MVD, which often makes mistakes. You will have to anticipate and minimize, all of the possible effects of the DUI on you and your family. Keep in mind the judge, prosecutor and MVD staff may be very polite and cordial, but their job is not to help you. They do not represent you and cannot give you legal and or advice on other problems you may encounter. What they tell you may be wrong.
Should I get a Public Defender?
What Should I Consider When Hiring a Private Attorney?
Questions to Ask Private DUI Attorneys
- DUI Attorney Cost- Is it an hourly or flat fee agreement?
- DUI Attorney Cost- If an hourly agreement, how much per hour?
- If a flat fee does the agreement say you can discharge the lawyer and request a full or partial refund?
- If a flat fee is it a full flat fee or a partial fee agreement?
- If a full flat fee agreement does it include a jury trial? if not, why not?
- If a full flat fee agreement, does it include all MVD hearings?
- If a partial flat fee agreement, how much is the trial fee and is it a trial fee for each trial?
- If a partial flat fee agreement, does it include all MVD hearings and if not what is the those fees?
- Does the agreement call for paying interest on the balance due?
- DUI Attorney Cost- Are there late fees?
- Does the agreement have a cost to change the monthly payment amounts or method of payment?
My DUI Flat Fee Agreement- Affordable Payment Plans
I offer one all inclusive DUI flat fee agreement with
- Reasonable payments plans individualized for each client’s ability to pay;
- No set mandatory minimum monthly payment amounts for all cases;
- Payment amounts are made for each client so we can agree on a month plan the client can afford;
- No interest on payment plans balances;
- No fee to change the monthly payment amount or payment date.
- All MVD licensing hearings and problems
- All court proceedings including jury trials
- Help with court ordered and MVD sentencing requirements
- Help with other collateral consequences.
DUI Process- What happens when I go to court for a DUI?
Arraignment
Pretrial Procedures
There are several ways to resolve the court case.
- The defendant may ask the court to dismiss the case for legal reasons.
- The defendant may plead guilty by accepting a plea offer or plead guilty without an offer.
- Set the case to a jury trial. The defendant’s attorney may has the court to preclude the prosecutor from using certain evidence at trial. This is done using a motion to suppress.
Jury Trial
If a case is not resolved by a motion do dismiss or a change of plea then the case is set to a jury trial. At the trial a 6 person jury must unanimously decide if the defendant is guilty or not guilty of each of the charges.
DUI Process- How long will my case take?
- Which court
- How busy the court’s calendar is
- The facts of the case
- Is the case going to resolved by a dismissal, a plea agreement or a jury trial.
DUI Process- How will my DUI case be resolved?
A DUI case is decided by a motion to dismiss, a plea agreement or a jury trial.
There are several ways to decide a DUI case. Those include:
- The defendant may ask the court to dismiss the case for legal reasons.
- The defendant may plead guilty by accepting a plea offer or plead guilty without an offer.
- Set the case to a jury trial. The defendant’s attorney may has the court to prevent the prosecutor from using certain evidence at trial. This is done using a motion to suppress.
What can happen to a DUI case in part depends on the practices of the particular court and prosecutor. For example some prosecutors make Reckless Driving offers and some do not. Most but not all courts now offer Home Detention for some any required jail time. The Arizona Guide to Misdemeanor DUIs describes what can happen in various courts.
DUI Process – How long does it take to get blood Samples tested?
How long testing takes depends on which agency the arresting officer is with, is the test for alcohol only or drugs and what crime lab is doing the testing.
Some Arizona municipal and county police departments analyze DUI blood samples for alcohol. Those departments include the Phoenix Police and the Maricopa County Sheriff’s Departments. Many departments send their blood samples to other crime labs, such as the Department of Public Safety (DPS) Lab for analysis. Most departments send samples to be tested to drugs to other crimes, most commonly to the DPS. The Phoenix Police Department Crime Lab does its own testing.
Testing samples for alcohol and and drugs is done in batches of up to 60 tests at a time. Crime labs often wait until they have at least 25 samples to test at a time. If the crime lab serves a police agency which does not do many DUI cases it takes time to get enough samples to put together a batch to test.
Alcohol testing can be done much quicker than drug testing because more samples are tested for alcohol alone. The Phoenix Crime Lab tests samples within a few days of when it receives the sample. When a police department such as the Chandler Police Department tests for alcohol the testing can be completed within 2 weeks.
The time it takes to get your sample tested depends on:
- Which agency arrested you
- Which Lab is doing the testing
- Is your sample is being tested for, alcohol only or drugs.
With all this in mind it can take anywhere from a few days (Phoenix alcohol testing) to several months (DPS drug testing) to have your sample tested.
DUI Process-Will I have to go to jail?
Arizona law requires jail time of between 1 day and 6 months for all DUI conviction. If a DUI is plead down to another charge, such as Reckless Driving, no jail time may is possible. A “day” in jail must be at least 8 hours long and in many courts is a full 24 hours.
DUI Process-Will my Mugshot appear online?
If you were booked into the Maricopa County Jail your mugshot may show up online for several days. If you booked into the Pinal County Jail your mugshot may appear online for a long time.
DUI Process- What will happen to my driver’s license?
Admin Per Se Suspension
A 90 day suspension caused by the chemical test results. For some suspensions a restricted license is possible.
Implied Consent Suspension
A 1 year or 2 year suspension for refusing to submit to requested chemical tests, blood or breath. A restricted license may be possible for a 1 year suspension.
Points Suspension
3 to 12 months suspension for the accumulation of moving violation points.
Traffic School Suspension
Failure to attend a traffic school (TSS) when ordered the MVD after a DUI conviction. Remains in effect until TSS completed. No restricted license available.
DUI Conviction Revocation
1 year revocation for 2 DUIs or 1 DUI or another major offense within 7 years. Other major offenses are Racing and Reckless Driving. A restricted license may be available.
A outcome better than you think may be possible
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Gordon Thompson DUI Attorney
My fee agreement contains no hidden fees or costs or trial fees. All-Inclusive Reasonable Flat Fee with affordable payment plans.
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