Getting arrested for a DUI in Mesa can be a scary and confusing experience. But knowing what to do right after it happens can make a big difference in how your case turns out. Let’s walk through the steps you should take and why they’re important.
Stay Calm and Cooperate
The first thing to remember is to stay calm. It might be hard but try to take deep breaths and keep a clear head. Be polite to the police officers, even if you’re upset. Remember, anything you say or do can be used in court later.
When the officer asks for your license, registration, and insurance, give them calmly. Don’t argue or try to explain yourself. It’s best to say as little as possible at this point. You have the right to remain silent, and it’s smart to use it.
Understand Your Rights
In Mesa, like the rest of Arizona, there’s something called the “Implied Consent Law.” This means that by driving in Arizona, you’ve already agreed to take a blood, breath, or urine test if an officer thinks you’re driving under the influence. If you refuse, you could lose your license for a year, even if you’re not found guilty of DUI later.
The officer should tell you about this law and ask if you’ll take a test. It’s usually best to agree to the test. If you refuse, you’ll face penalties, and the officer can still get a warrant to test you anyway.
Contact a Lawyer
As soon as possible, call a DUI lawyer. Many lawyers in Mesa offer 24/7 phone services for situations just like this. A lawyer can give you advice right away about what to say (or not say) to the police.
If you can’t remember a lawyer’s number, ask to call a family member who can help you find one. The police must let you make this call within a reasonable time after your arrest.
Document Everything
Try to remember as many details as you can about what happened. As soon as you’re able, write down everything you remember. This includes:
- Where you were stopped
- What the officer said to you
- What tests were you asked to do
- How you felt
- If you had any medical conditions that might have affected the tests
This information can be really helpful for your lawyer later.
Attend Your Court Dates
After your arrest, you’ll be given a date for your first court appearance, called an arraignment. This usually happens within 10 days of your arrest. It’s very important to show up for this and all other court dates. If you miss a court date, you could get in even more trouble.
You’ll hear the charges against you at the arraignment and be asked to enter a plea. It’s usually best to plead “not guilty” at this stage, even if you think you were at fault. This gives you and your lawyer time to look at the evidence and decide on the best way to handle your case.
Deal with Your License Suspension
In Mesa, your license will be suspended 15 days after your arrest if you don’t request a hearing with the Motor Vehicle Division (MVD). Your lawyer can help you request this hearing. Even if you don’t win the hearing, it can give you more time to drive legally and gather information for your case.
Get an Alcohol Evaluation
Many Mesa courts require people charged with DUI to get an alcohol evaluation. This is a meeting with a counselor who asks about your alcohol use. Even if it’s not required, getting an evaluation early can look good to the judge and might help your case.
Case Study: Ryan’s DUI Arrest in Mesa
Let’s look at a real-life example to see how these steps work. Ryan (not his real name) was pulled over in Mesa for weaving in his lane. The officer smelled alcohol and asked Ryan to do some field sobriety tests. Ryan did the tests but felt he didn’t do well because he was nervous.
The officer arrested Ryan for DUI and read him the Implied Consent law. Ryan agreed to take a breath test, which showed his blood alcohol level was 0.09%, just over the legal limit of 0.08%.
Here’s what Ryan did right:
- He stayed calm and cooperated with the officer.
- He agreed to take the breath test, avoiding automatic license suspension.
- He called a DUI lawyer from the police station.
- He wrote down everything he remembered about the stop and arrest.
- He showed up for his arraignment and pleaded not guilty.
- He requested an MVD hearing to keep his license longer.
- He got an alcohol evaluation before his court date.
Ryan’s lawyer used the information Ryan remembered to question the accuracy of the field sobriety tests. The lawyer also found that the breath test machine hadn’t been calibrated recently, which could have affected the results.
In the end, Ryan’s charges were reduced to reckless driving. He had to pay a fine and attend alcohol classes, but he avoided the more serious consequences of a DUI conviction.
Ryan’s case shows how taking the right steps immediately after a DUI arrest can make a big difference in the outcome of your case.
Remember, every DUI case is different. The most important thing you can do is contact a lawyer who knows Mesa’s DUI laws and can guide you through the process.
Frequently Asked Questions
- Can I refuse to take a breathalyzer test in Mesa?
You can refuse, but it’s usually not a good idea. If you refuse, your license will be suspended for at least a year, and the officer can still get a warrant to test your blood. - How long will my license be suspended after a DUI arrest in Mesa?
If you don’t request a hearing, your license will be suspended for 90 days starting 15 days after your arrest. If you request a hearing, you can keep driving until the hearing decision. - Do I need a lawyer for a first-time DUI in Mesa?
While you’re not required to have a lawyer, it’s strongly recommended. DUI laws are complicated, and a lawyer can help you understand your rights and options. - How much does a DUI cost in Mesa?
The total cost can be thousands of dollars. This includes fines, court costs, increased insurance rates, and possibly the cost of an ignition interlock device7. - Can I get my DUI charges reduced in Mesa?
It’s possible, depending on the circumstances of your case. This is where having a good lawyer can help.
