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10 Things To Know About Arizona DUI Laws Before You Get Stopped

DUI laws are in place in Arizona and other states to prevent drivers from getting behind the wheel after drinking. In most states, the legal BAC limit for driving is 0.08%, as is the case in Arizona. Whether you are having a bad day, coming back from a party, or travelling during the holiday season, you can be stopped for DUI any time on the road. Make sure you read these tips and prepare yourself on how to handle a DUI stop.

Identify yourself

When you are stopped by an officer, you must provide identification upon request. This will include your license and registration. Keep them at arm’s reach and do not fumble. Stay in your car unless asked to step out. Remember, the officer is observing everything you’re doing, how you’re talking, how you are searching for the documents, and how you are generally behaving.

Politely refuse to take any field sobriety tests

If the officer suspects you to be driving under the influence and asks you to step out of the car, he might ask you to take field sobriety tests such as walking the line, counting on your fingers, saying your ABCs, touching your finger to your nose etc.

In the state of Arizona, you can politely refuse to take the field tests. If the officer suspects that you are under the influence, they will take you to jail anyways. Taking the road-side tests will only give them more evidence against you. So remember not to do the tests as no law in Arizona requires drivers to do these tests.

Keep quiet

Do not engage in any kind of conversation with the officer. They will try to ask you various questions which you can politely refuse to answer. If they specifically ask if you have been drinking, or where are you coming from, or where are you headed, it will be best to say that you would like to answer their questions on the advice of your attorney.

Refuse a vehicle search

The officer might want to look around and do a search of your vehicle. You can politely but firmly refuse them to search your car.

Cooperate with the officer

Being polite and cooperating with the officer is very important. The officer will notice your behavior and attitude during the stop. Your attitude, appearance, and words are all noted and they become part of the officer’s report. Don’t try and crack jokes, make fun, cry, or insult the officer. Don’t confess to anything either.

Take a blood or breath test

The state of Arizona has the Implied Consent Law whereby every driver is required to agree to take a breath, blood, or urine test when it is offered. Refusing to take these tests will result in the suspension of your driver’s license for a minimum of one year, even if you were not intoxicated. If you take the test and read a 0.08% or more, your license will be suspended from 30 – 90 days.

Preserve a sample of the test

Once the test is complete, the officer will ask the driver whether they want their test result to be preserved or waived. Always ask to preserve the sample if given the choice. Never have it waived!

Get a test done after release

Immediately after your release, call your doctor to have your own test done immediately. You can also visit a lab or nearby hospital for that. If your BAC comes out to be lower, that information can be used as evidence in court. However, if it comes equal or higher than what was recorded earlier by the police, then you do not need to provide it to the prosecutor.

Request a hearing with the MVD

In order to avoid losing your license, you must request a hearing at the Motor Vehicle Division within 15 days.

Get in touch with an experienced attorney

You can hire an attorney to help you through the process. In case you do not hire one, the court will appoint one for you once you are charged with a DUI. An experienced attorney understands how to proceed with a case and they will also appear in court on your behalf, saving you a lot of trouble.

For more information on what to do if you are stopped on suspicion of DUI in Arizona, call the law office of Attorney Brian D. Sloan at 480-900-0384 or 602-900-0384.

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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