It depends whether you were arrested for a Felony or a Misdemeanor DUI and which police agency arrested you. Each police agency has their own set of policies and procedures for arresting a person.
In either situation, the police will take you to their police station or a mobile processing center they set up just for processing DUI suspects. You will be asked to submit to a blood, breath or urine test (or all three).
The officers will start asking you a series of questions unless you invoke your right to remain silent and request to speak to an attorney. If you invoke your right to remain silent and ask to call an attorney, the officers should stop questioning you immediately and allow you to contact a lawyer. The officers will take your fingerprints and you will either be booked into jail or the police officer will write you a citation and you will be released and can have someone pick you up.
If you are booked into jail after being processed for a DUI, you will be arraigned in front of a judge who will determine if you will be released on your own recognizance or if you must post a bond.
What Rights Do I Have After I Am Arrested?
After you are arrested for a DUI, you have a right to remain silent. You have a right to contact an attorney.
At What Point Should I Contact An Attorney After A DWI Arrest?
This is a confusing area for most people who are being investigated for suspected DUI. You do not have a right to contact an attorney during the initial DUI investigation. The investigation starts as soon as you get pulled over! The officer will be asking questions related to drinking in order to obtain probable cause to arrest you for a DUI. The officer will get close to the vehicle in order to determine if he or she can smell the odor of alcohol coming from you or the vehicle.
Officers are trained to observe and record a person’s behaviors, such as, how long it takes you to get your driver’s license, registration and insurance paperwork out for the officer. He records in his notes if you overlook any of these items when searching for them in your vehicle. Officers observe if you stumble while getting out of your vehicle, if you have slurred speech and if you have bloodshot, watery eyes.
If the officer observes any of these clues, you will more than likely be asked to participate in field sobriety tests.
There is no requirement in Arizona Law stating you must participate in field sobriety tests.
If the officer has obtained probable cause to believe you have been drinking and driving, you will be placed under arrest and taken to another location to be processed for the DUI. The officer will read the Miranda Warnings prior to asking you a series of questions. At this point in time, you have a right to contact and have a private conversation with an attorney, prior to answering any questions of the officer.
You also have a right to remain silent.
The officers tell you that any statements you make can be used against you in a court of law. They record any and all statement you make, then turn around and use your own words against you in court.
Can I Contact An Attorney Prior To Taking a Breath Or A Blood Test In Arizona?
While you do not have a right to contact an attorney before taking these tests, you do have a right to contact an attorney prior to any questioning by the officer once you are placed into custody. Once you are taken to a DUI processing site, the officers will start asking you a series of questions before asking you to submit to a blood or breath test. It is at this time, that you should request to contact an attorney and have a private conversation.
What Paperwork Do I Leave The Jail With After Getting Out On Bail?
During your arraignment in front of the judge, you will be given your next court date. The clerk will give you paperwork indicating the date and time of the next court hearing. You should have this paperwork with you when you are released from jail.
For more information on Aftermath Of DWI Arrest In Arizona, a free initial consultation is your next best step.
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