A DUI arrest in Mesa, Arizona, can happen to anyone after a dinner, a celebration, or even after taking prescription medication. In that one unexpected moment, your freedom, driver’s license, and reputation can all be put at risk.
The hours and days following your arrest are the most crucial. Understanding your rights, the legal process, and the potential consequences can help you make the right decisions and protect your future.
This guide will walk you through:
- What happens after a DUI arrest in Arizona
- Your legal rights at every stage
- The penalties you could face
- How an experienced Mesa DUI attorney can help you build a strong defense
What Happens Immediately After a DUI Arrest
When a police officer suspects you of driving under the influence, the process usually follows these steps:
- Traffic Stop: The officer must have a valid reason (probable cause) to pull you over, such as swerving, speeding, or another traffic violation.
- Field Sobriety Tests: You may be asked to perform physical tests (walking a line, standing on one leg). These are subjective and not always accurate.
- Chemical Testing: Officers often use a breathalyzer or blood test to measure your blood alcohol concentration (BAC).
- Arrest and Booking: If the officer believes you’re impaired, you’ll be arrested, booked, and possibly held until you can see a judge or post bail.
- License Suspension Notice: You’ll receive a pink form (an admin per se form) notifying you that your license will be suspended unless you request a hearing with the MVD within 15 days.
It’s important to remember that being arrested does not mean you’re guilty. Many DUI arrests in Arizona are based on flawed procedures or unreliable tests.
Arizona’s DUI Laws Explained
Arizona has some of the strictest DUI laws in the United States, with harsh penalties even for first-time offenders. The severity of the charge depends on your BAC level, prior convictions, and whether there were aggravating factors (like a child in the car or an accident).
| Type of DUI | BAC Level | Penalties (First Offense) |
| Standard DUI | 0.08–0.149% | Minimum 10 days in jail (9 may be suspended), fines around $1,500, license suspension up to 90 days |
| Extreme DUI | 0.15–0.199% | Minimum 30 days in jail, higher fines, ignition interlock device required |
| Super Extreme DUI | 0.20% or higher | Minimum 45 days in jail, fines exceeding $2,700, and longer suspension |
| Aggravated DUI | Multiple DUIs, a suspended license, or a child under 15 in the vehicle | Felony charge, potential prison time, mandatory ignition interlock device, license revocation |
Additionally, Arizona law (ARS § 28-1381) allows for DUI charges even if your BAC is below 0.08%, if the officer believes you were “impaired to the slightest degree.”
Your Legal Rights During and After a DUI Arrest
Knowing your rights can protect you from self-incrimination and unfair treatment.
- Right to Remain Silent: You are not required to answer questions about where you were, what you drank, or how much.
- Right to an Attorney: You can request to speak with a lawyer at any time.
- Right to a Fair Test: Chemical tests must be conducted properly, with properly calibrated equipment.
- Right to Challenge the Arrest: Your attorney can contest whether the stop, arrest, or testing procedures were lawful.
If these rights were violated, key evidence against you could be suppressed, potentially leading to a dismissal of your case.
Common Mistakes to Avoid After a DUI Arrest
Even well-meaning people make mistakes that can damage their defense. Avoid these pitfalls:
- Talking too much: Do not try to “explain yourself” to officers or prosecutors.
- Missing MVD deadlines: Failing to request a hearing within 15 days results in automatic license suspension.
- Ignoring your court date: Missing court can lead to additional charges or arrest warrants.
- Hiring the wrong attorney: Not all lawyers are experienced in DUI defense. Choose one who focuses on Arizona criminal law and understands Mesa’s local courts.
How a Mesa DUI Defense Attorney Can Help
Defending against a DUI charge requires knowledge of criminal law, forensic science, and police procedures. A qualified attorney can analyze your case from every angle and identify weaknesses in the prosecution’s evidence.
A Mesa DUI lawyer can:
- Review dashcam and bodycam footage for procedural errors
- Question the legality of the initial traffic stop
- Examine breathalyzer calibration and testing protocols
- Challenge blood draw procedures and lab results
- Negotiate with prosecutors to reduce or dismiss charges
At the Law Office of Robert P. Jarvis, we believe that every client deserves a strong defense and fair treatment. Our team has handled hundreds of DUI and criminal cases across Mesa and the East Valley, and we fight hard to protect our clients’ rights at every step.
6What Happens to Your License After a DUI Arrest
The administrative side of a DUI case is handled by the Arizona Motor Vehicle Division (MVD), separate from the criminal court. You must act quickly to protect your driving privileges.
- You have 15 days from your arrest to request a hearing with the MVD.
- If you fail to request a hearing, your license may be automatically suspended for 90 days or longer.
- Your attorney can represent you at the hearing and argue against the suspension.
If your license is suspended, you may still qualify for a restricted license that allows you to drive to work, school, or treatment programs.
The Importance of Acting Fast
In DUI cases, timing is everything. Evidence like bodycam footage, dashcam recordings, and breathalyzer data can be lost or deleted if not requested quickly. Witnesses may forget details, and deadlines for hearings can expire.
The sooner you involve an experienced defense attorney, the stronger your case will be.
Protect Your Future: Get Legal Help Now
Being charged with DUI in Mesa doesn’t mean your life is over. You still have rights, options, and legal defenses available to you. With the right guidance, you can move forward with confidence and protect your future.
At the Law Office of Robert P. Jarvis, we provide aggressive DUI defense focused on protecting your rights and minimizing the impact on your life. We’ll walk you through the process, handle all communication with the court and MVD, and work to achieve the best possible outcome.