Facing a DUI investigation in Tempe, Arizona, can be stressful and confusing. Police officers and prosecutors take driving under the influence very seriously, and even a first-time mistake can result in harsh penalties. Understanding how DUI investigations work in Tempe can help you protect your rights and make informed decisions from the moment police make contact.
At Guardian Law, our criminal defense attorneys focus on defending clients against DUI and other serious charges throughout Tempe and Maricopa County.
How Do DUI Investigations Begin in Tempe?
Most DUI investigations start with a traffic stop. Officers may pull you over for a minor traffic violation—such as speeding, failing to signal, or swerving within your lane. Sometimes, police set up DUI checkpoints or respond to accidents where they suspect impairment.
Once police initiate contact, the investigation can escalate quickly if they observe certain “signs of impairment,” such as:
- Slurred speech
- Bloodshot eyes
- The smell of alcohol or drugs
- Difficulty following instructions
- Fumbling with paperwork
What Happens During a DUI Investigation?
- Initial Observation and Questioning
The officer will ask basic questions about your destination, activities, and whether you have consumed alcohol or drugs. Remember, you have the right to remain silent and do not have to answer questions that may incriminate you. - Field Sobriety Tests
If the officer suspects impairment, they may ask you to step out of the vehicle and perform field sobriety tests. These tests might include the walk-and-turn, one-leg stand, or horizontal gaze nystagmus (eye movement) test. While officers use these tests to gather evidence, they are often subjective and prone to error. - Breathalyzer or Chemical Testing
Arizona’s implied consent law requires drivers to submit to a breath, blood, or urine test if police suspect DUI. Refusing a test can result in a one-year license suspension, even if you are not ultimately convicted. However, you have the right to consult with an attorney before deciding whether to submit to a test. - Arrest and Booking
If the officer believes there is enough evidence, they will arrest you for DUI. Next, you are taken to the police station for booking and possibly additional chemical testing. Police will take your fingerprints and photograph before releasing you or holding you in custody.
Your Rights During a DUI Investigation
Throughout the investigation, you have important constitutional rights, including:
- The right to remain silent
- The right to refuse field sobriety tests (though this may factor into the officer’s decision to arrest)
- The right to consult an attorney before answering questions or taking a chemical test
- The right to be treated fairly and without unreasonable search or seizure
Invoking your rights respectfully and calmly can prevent you from providing evidence that may be used against you later.
What Happens After a DUI Arrest?
Once arrested, you will face both criminal charges and administrative consequences. The Arizona Motor Vehicle Division may initiate a license suspension, often before your criminal case concludes. You have only 15 days to request a hearing to challenge this suspension.
Meanwhile, the criminal process moves forward with an arraignment, pretrial hearings, and possibly trial. An experienced DUI defense attorney can challenge the legality of the stop, the accuracy of field tests, and the reliability of chemical evidence to fight for reduced charges or a dismissal.
Why Choose Guardian Law for DUI Defense in Tempe?
Guardian Law stands out for several reasons:
- Focused DUI and felony defense throughout Tempe and Maricopa County
- Strategic case analysis and aggressive advocacy at every stage
- Clear communication so you know your rights and options
- Personalized attention to help you achieve the best possible outcome
Frequently Asked Questions (FAQ)
Should I agree to field sobriety tests in Tempe?
You have the right to refuse field sobriety tests, but refusal may lead to arrest based on other observations. Always be polite and ask to speak with an attorney.
Can I refuse a breathalyzer or blood test?
You can refuse, but Arizona’s implied consent law means you will likely lose your license for one year. We recommend consulting with an attorney before deciding.
How do police determine if I am under the influence of drugs instead of alcohol?
Police may call in specially trained officers (Drug Recognition Experts) to evaluate drug impairment, and may request blood or urine tests.
What should I do if I’m being investigated for DUI in Tempe?
Stay calm, remain polite, invoke your right to remain silent, and contact Guardian Law as soon as possible.
Contact a Tempe DUI Defense Attorney Today
A DUI investigation can disrupt your life and put your future at risk. Guardian Law represents clients in Tempe, Phoenix, Mesa, Scottsdale, Peoria, Glendale, Surprise, Avondale, Buckeye, Prescott, Kingman, Tucson, Maricopa County, Yavapai County, and Mohave County. Our team is ready to defend your rights and fight for the best result.
Call Guardian Law today at (602) 888-8020 for a confidential consultation.