Arizona DUI Arrest Process
First, you are charged with a DUI. You are entitled to a presumption of innocence until you are proven guilty. Prosecutors, some judges, and many jurors don't see it that way. To them, you are guilty as charged.
Every crime in Arizona, including the DUI process, is governed by the Arizona Rules of Criminal Procedure. These rules set a basic framework for how your case will proceed through the courts. This process can vary a little from court to court, and county to county, but generally you can expect as follows:
The Stop And Arrest
A DUI arrest generally starts with a simple traffic stop, either in the form of a traffic violation observed by the officer such as swerving, speeding, driving without headlights, running a red light, etc. Some arrests originate from a roadblock at a sobriety checkpoint. Some occur after an accident or breakdown.
After you are arrested, the police officer is required to read you your "Miranda" rights, which include two very important rights: the right to remain silent and the right to an attorney. Next you may be taken to a police station, hospital, or a mobile BAC station for a chemical BAC test.
The Booking Process
You will generally only be booked into jail if it was not a simple DUI. If you are booked into jail, you will be searched, fingerprinted, asked some routine questions, most likely photographed (the "mug shot") and then locked up.
Investigations Following Arrest & Charging Decision
If you are a simple first time DUI arrest, the police will most likely have all of the investigative information they require following your immediate release after processing (except that they may need to wait for the BAC results in the case of a blood test).
However, this investigation process may take longer for some felony DUIs because the police and prosecutor's offices may need to investigate your prior criminal and DUI record, and ascertain the status of your license before deciding which DUI charge is right for your case. This may take some time, especially if you have an out of state license, or have a record in another state.
As soon as law enforcement has adequate information to issue the charge(s), they will generally file. If you are arrested for a misdemeanor DUI, the police officer will often issue you a citation to a county justice court or a city municipal court, and give you a court date immediately.
In the case of a felony DUI charge, the county attorney's office will decide which charges are likely to "stick", and then file accordingly. All felonies will be prosecuted in superior court, as opposed to justice or city courts, which handle primarily misdemeanors, petty crimes, and civil traffic citations.
First Appearances, Preliminary Hearings, Arraignment And Bail
First Appearance: If you are in custody (jail) after your arrest, you will generally be given a hearing within 24 hours. At this first appearance, the Judge will first discuss the issues of Bail and other conditions of your release. Bail is usually granted, and the only question is how much will Bail be set at? The main purpose of bail is to assure that the defendant will appear for the next hearing. If the defendant fails to appear, the bail will usually be forfeited (and the money lost), and a warrant will be issued for the missing defendant's arrest.
Preliminary Hearing: A preliminary hearing is necessary in all felony cases (except when the charge is initiated by a grand jury indictment). Assuming that the charge has been initiated by the prosecutor filing an information, then the preliminary hearing is the proceeding where the Judge will decide if there is sufficient evidence ("probable cause") to send the case to Superior Court for trial proceedings. At the preliminary hearing, bail can be adjusted if it was already set, or imposed if it has not yet been set.
Arraignment: The arraignment is where the Defendant is formally informed of the charges in open court, and asked to enter a plea of not guilty, guilty, or no contest. If the defendant does not answer, the court will enter a plea of not guilty. With very, very few exceptions, we always recommend entering a plea of not guilty at any DUI arraignment in Arizona.
Pretrial Conference
A pretrial conference is an opportunity for your attorney to negotiate a deal or dismissal with the prosecutor. If the State offers a "deal," your attorney should then discuss that deal with you and explain the pros and cons of taking it as well as your rights.
NOTE: In our opinion, a plea of “guilty” as charged is not to be considered a "deal" unless there are greater charges that can be added if you don't accept the deal, or if the punishment/sentence the State is offering to recommend is less than what you would likely get if you went to trial and lost.
The Trial
Almost all DUI trials are tried to a jury and not to a judge (“bench trial”). As a DUI defendant in Arizona, you have an absolute right to a trial by jury. In rare instances, it may be to your advantage to waive your right to a jury trial and opt for a bench trial. In both jury and bench trials, the judge’s role is to decide all issues of law and procedure. In a jury trial, the jury’s role is to decide the issues of fact based on instructions given by the judge. In a bench trial, the judge also assumes the role of fact finder.
Sentencing
Sentencing is where punishment is imposed based on the crime a defendant was convicted of. At the sentencing hearing, the judge will consider factors that might make him/her deviate from the standard or "presumptive" sentence. Generally, sentencing occurs immediately after a guilty verdict or a plea of guilty or no contest. If sentencing does not occur immediately after a conviction then it can be delayed up to 30 days.
Appeal
The appeal is a process whereby your attorney requests a higher court to review the decision of the trial court. Appeals are based on legal issues brought out during a pretrial motion, or at trial. Defendants may appeal a conviction all the way up to the Supreme Court.
