Getting arrested for driving under the influence (DUI) in Mesa, Arizona can be a scary and confusing experience. However, knowing what to do right after your arrest can make a big difference in how your case turns out. Here are five important steps you should take right away if you find yourself in this situation:
Step 1: Stay Calm and Use Your Right to Remain Silent
The first and most important thing to do after a DUI arrest is to stay calm. It’s normal to feel scared or angry, but try to keep a cool head. Remember, you have the right to remain silent, and it’s smart to use it.
When the police officer asks you questions about drinking, politely say something like: “I understand you’re doing your job, but I don’t want to answer any questions without talking to a lawyer first.” This helps protect you from saying something that could be used against you later.
Step 2: Be Polite and Cooperative, But Don’t Volunteer Information
While you shouldn’t answer questions about drinking, it’s important to be polite and follow the officer’s instructions. Give them your name, address, and show your driver’s license when asked. But don’t offer any extra information about where you’ve been or what you’ve been doing.
Step 3: Decide Whether to Take Chemical Tests
In Mesa, like the rest of Arizona, there’s something called “implied consent.” This means that by driving on Arizona roads, you agree to take a chemical test if an officer thinks you’re under the influence. If you refuse, you could lose your license for a year, even if you’re not convicted of DUI.
However, taking the test could provide evidence against you if you’re over the legal limit. This is a tough decision, and there’s no one-size-fits-all answer. If possible, ask to speak with a lawyer before deciding.
Step 4: Write Down Everything You Remember
As soon as you can, write down everything you remember about your arrest. Include details like:
- What you were doing before you were pulled over
- How the officer acted
- What tests did they ask you to do
- What questions did they ask
- How you answered
These details can be really helpful for your lawyer later on.
Step 5: Contact a DUI Lawyer Right Away
Perhaps the most crucial step is to contact an experienced DUI lawyer as soon as possible. In Mesa, you only have 15 days after your arrest to request a hearing with the Motor Vehicle Division (MVD) to try to keep your license. A good lawyer can help you with this and start building your defense right away.
Case Study: John’s DUI Arrest in Mesa
Let’s look at how these steps played out in a real-life situation. John (not his real name) was driving home from a friend’s birthday party in Mesa when he was pulled over for weaving in his lane.
Step 1: When the officer asked John if he had been drinking, John remembered his right to remain silent. He politely said, “I’d prefer not to answer any questions without a lawyer present.”
Step 2: John was cooperative when the officer asked for his license and registration. He handed them over without argument but didn’t volunteer any information about the party he had attended.
Step 3: The officer asked John to take a breathalyzer test. John wasn’t sure what to do, so he asked if he could call a lawyer first. The officer allowed him to make a quick call. After talking to a lawyer, John decided to take the test.
Step 4: After John was released from custody, he wrote down everything he could remember about the arrest. He noted that the officer didn’t read him his Miranda rights and that the breathalyzer seemed to malfunction on the first try.
Step 5: The next morning, John called a DUI lawyer. The lawyer immediately filed for an MVD hearing to try to save John’s license.
The lawyer also used the details John wrote down to challenge the arrest. Because the officer didn’t read John his rights, some of his statements were thrown out. And because of the breathalyzer malfunction, the lawyer was able to question the accuracy of the test results.
In the end, John’s charges were reduced from DUI to reckless driving. While this was still serious, it had much less severe consequences than a DUI conviction.
John’s case shows how following these steps can make a big difference. By staying calm, using his right to remain silent, being cooperative, documenting the arrest, and getting a lawyer quickly, John was able to improve his situation.
Remember, a DUI arrest is not the same as a conviction. By taking the right steps immediately after your arrest, you can give yourself the best chance at a favorable outcome.
Frequently Asked Questions
- How long will my license be suspended after a DUI arrest in Mesa?
For a first-time DUI, your license could be suspended for 90 days. However, you might be able to get a restricted license after 30 days. - Will I have to go to jail for a first-time DUI in Mesa?
Yes, there’s a minimum jail time of 10 days for a first-time DUI in Arizona. However, 9 of these days can often be suspended if you agree to take alcohol education classes. - How much does a DUI cost in Mesa?
A first-time DUI in Mesa can cost around $10,000 when you add up fines, lawyer fees, increased insurance rates, and other expenses. - Can I refuse a breathalyzer test in Mesa?
You can, but it will result in an automatic one-year license suspension. Also, the officer can still arrest you based on other evidence of impairment. - How long will a DUI stay on my record in Mesa?
In Arizona, a DUI stays on your record forever. The state doesn’t allow DUI convictions to be expunged or set aside.
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