What Happens During a DUI Arrest?

James Novak

The people of Phoenix count on The Law Office of James Novak. Our team is committed to strong legal counsel and criminal defense, which includes educating clients on their rights during their arrest and booking.

By knowing the DUI case stages, clients can empower themselves when their rights are violated. With that in mind, let’s explore the arrest phase of DUI cases and what these involve.

The Traffic Stop: It Starts with Probable Cause

Probable cause, as we’ve previously noted on our blog, refers to the reasonable belief by an officer that the driver of a vehicle or the passengers of a vehicle have engaged in some form of illegal activity. This is often rooted in the concept of reasonable suspicion, which refers to the reason why an officer may believe that a driver or the passengers may have acted illegally.

In the context of DUI arrests, the reasonable suspicion might refer to swerving/weaving while on the road or running a traffic sign. The probable cause for arrest would be the driver exhibiting slurred speech, having alcohol on his or her breath, or failing sobriety tests.

Assessing Sobriety or Intoxication

After a driver has been pulled over, the officer will ask for license and registration. The officer may ask the driver some questions, and then directly assess the sobriety and potential intoxication of the driver/passengers. Apart from checking the driver’s eyes and checking for signs of alcohol on the driver’s breath, there are two common methods of checking sobriety: the field sobriety test and a breathalyzer test.

The Field Sobriety Test

The field sobriety test is a series of non-scientific tasks an officer may ask a driver to do in order to check coordination, balance, and decision making/thinking skills. This might include walking a straight line, touching your own nose, and counting backwards. Typically a person who is intoxicated will not be able to accomplish these tasks.

A Breathalyzer Test

A breathalyzer test measures the amount of alcohol on a person’s breath as a way to assess sobriety. Keep in mind that this does not measure the actual alcohol content of the driver’s bloodstream.

The legal limit for BAC is 0.08 percent. Exceeding that BAC limit while operating a vehicle is against the law and grounds for arrest.

Other compelling evidence of intoxication may be considered ground for arrest as well, such as the suspect admitting that he or she is intoxicated or any combination of actions consistent with intoxication.

Reading the Miranda Rights

While you are arrested, the officer must read your Miranda rights to you. This is official language that informs a person being arrested of their right to remain silent, that anything they say can be used against them in court, that they have a right to an attorney present during any questions related to the charges involved, and that an attorney can be provided if a person cannot afford attorney services at the moment.

Issues with the Arrest Procedure

If there are any abnormalities in the arrest procedure, including a failure to read your Miranda warning or a lack of probable cause/reasonable suspicion, it’s important to fight four your rights and legal protections. Working with James Novak means having a skilled litigator on your side who’s committed to fairness and justice for all.

Contact The Law Office of James Novak

To learn more about your legal rights after a drunk driving arrest, be sure to contact a criminal defense and DUI attorney today. You have an ally on your side at The Law Office of James Novak. He will fight for you.

Recent Entries

When Can an Officer Reasonably Prolong a Traffic Stop in Arizona? In Arizona, an officer that sees an individual commit a traffic violation can reasonably initiate a traffic stop. The traffic stop must only last the...

What Are the Differences Between DUI, Extreme DUI, and Aggravated DUI in Arizona? In Arizona, as in every state, there are consequences for driving under the influence (DUI). What many people don’t know, however, is that there are...

Arizona Defendant Unsuccessfully Argues Prosecution Improperly Used Accomplice’s Statements During Trial In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider his conviction and sentence for...

Winning Defense Strategies Book

Free eBooks

Free DUI & Criminal Defense eBook

stacked-badges.jpg

About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others.

Client Reviews

 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

- A.T.

James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

- T. G.

Contact Us

  1. 1 Free Initial Consultation
  2. 2 Available 24/7
  3. 3 Defends ALL Types of DUI Cases
Fill out the contact form or call us at (480) 413-1499 to schedule your free initial consultation.

Leave Us a Message