The Arizona Guide For Increased DUI Enforcement During July 4th Weekend

Independence Day is almost here, and many U.S. Americans celebrate by donning red, white, and blue, grilling, and spending time outside with loved ones and a few cold ones. But unless you’re hosting, it’s important to drink in moderation or risk being pulled over for DUI on your drive home. Police officers ramp up DUI enforcement operations on holiday weekends like Fourth of July, and this year will be no exception. Read on for more information about DUI in Arizona and special considerations for holiday weekend arrests. For your free consultation with an experienced Arizona private criminal defender, call 480-833-8000. 

DUI Checkpoints

Sometimes, police officers will set up DUI checkpoints and arrest dozens of people for impaired driving in a single night. This is always a possibility on a day like the Fourth of July, especially when it falls on a Saturday. Many have fought against DUI checkpoints in court, arguing that they are unconstitutional and in violation of the Fourth Amendment. But DUI checkpoints have consistently been upheld as constitutional as long as they meet certain requirements. The police can’t just set up a checkpoint and stop every driver whose appearance they don’t like to investigate for DUI. They must have a neutral pattern in place, such as stopping every 4th or 7th vehicle. Cars can’t be waved through at random or because the supervisor has a gut feeling. There must also be sufficient public notice of a DUI checkpoint. This includes clear signage and flashing lights so drivers don’t enter the checkpoint blindly. This also gives the driver a chance to turn around and drive away from the DUI checkpoint. There can be patrol cars ready to follow vehicles that turn around to avoid a DUI checkpoint, but they must wait until the driver gives them reasonable suspicion, e.g., speeding, not using a turn signal, etc., to pull them over and potentially investigate for drunk driving. 

Impaired to the Slightest Degree

You’ve probably heard the “legal limit” being discussed in a DUI context before. In most states, that legal limit is a blood alcohol content, or BAC, of 0.08. This is the threshold where a driver is legally considered to be drunk in most jurisdictions. How many drinks it takes to get to this level of BAC can depend on numerous factors, like the driver’s gender, height and weight, how much they’ve eaten that day, and more. But there is a special caveat to the legal limit in Arizona. Here, a driver can be arrested and charged with DUI, impaired to the slightest degree. The slightest degree threshold is a BAC of 0.05. This might be just one drink for some drivers. When a driver is at the slightest degree threshold in Arizona, the police officer has the discretion of whether the driver should be placed under arrest for DUI or not. So if you are pulled over with a BAC between 0.05 and 0.08, you might get lucky and have the police officer decide that you are sober enough to head on your way. But after all that goes into a DUI stop, checking license and registration, field sobriety testing, the waiting period for a breathalyzer test, etc., the officer can also decide that you are intoxicated and should be arrested for DUI for a BAC within that range. The slightest degree distinction doesn’t affect DUI penalties or sentencing. A driver convicted of DUI, impaired to the slightest degree will face the same guidelines as a driver convicted of a per se DUI. 

Probable Cause and Reasonable Suspicion

Probable cause and reasonable suspicion are two legal standards that the police must have while investigating and arresting an individual for a crime. These standards were created by the Fourth Amendment guarantee against unreasonable searches and seizures. In a DUI context, probable cause must be present for the police to pull over a driver on suspicion of drunk driving. However, it usually isn’t too hard for the police to find probable cause to pull over a driver they suspect has been drinking. Driving errors, even relatively small ones, that can give the police probable cause to stop a driver include:

• Speeding
• Driving too slow
• Swerving and drifting lanes
• Failure to use turn signals
• Failure to use headlights at night
• Inappropriately using brights 
• Sudden braking
• Rolling through a stop sign or a red light
• Completely failing to stop at a stop sign or red light
• Driving the wrong direction on the road

As you can see, many of the behaviors that give the police probable cause to pull over a driver are common, and many people may exhibit them on a daily basis when sober. Then, the police must have reasonable suspicion to place an individual under arrest. Reasonable suspicion could be breathalyzer results, field sobriety testing results, the scent of alcohol, alcohol visibly in the vehicle, and more. If you believe that the police failed to meet one of these standards during your Arizona DUI arrest, you may have a constitutional defense available in your case. 

Should I Refuse a Breathalyzer?

A breathalyzer test is a way that police officers can gauge a driver’s sobriety (or intoxication) level on the road, and that is more accurate than field sobriety testing. It provides that all, important BAC reading, and it can be agonizing to wait and see if you have crossed either of Arizona’s legal limit thresholds for drinking and driving. This might be just one reason that some people refuse to submit to a breathalyzer test when pulled over for suspicion of drunk driving. But that won’t come without serious negative consequences in Arizona. Arizona is an implied consent state, so any driver operating a motor vehicle on Arizona roads has implicitly given their consent to submit to breathalyzer testing during a traffic stop by a police officer. Refusal will result in that person’s driver’s license being suspended for one year. The driver can request an administrative hearing within 14 days of the traffic stop to fight the suspension, but legitimate reasons to refuse breathalyzer testing while driving are few and far between. This suspension occurs whether or not you are arrested for and convicted of DUI. 

While you generally shouldn’t refuse breathalyzer testing, the same logic doesn’t apply to field sobriety testing. These are informal preliminary tests the police may conduct, like having you walk in a straight line or stand on one foot. There is no penalty for refusing to submit to field sobriety testing, and there may be plenty of reasons that you shouldn’t. Medical conditions, road conditions, weather conditions, and other conditions outside of your control could all skew how sober you appear to a police officer during field sobriety testing. 

Arrested for DUI this Fourth of July? Fight for Your Rights with My AZ Criminal Defenders. 

Holiday weekends are typically a guarantee of increased police presence and increased DUI arrests. If you find yourself facing DUI charges in Arizona after July 4th weekend, it’s important to understand how seriously this state treats the offense. Even first-time offenders will serve jail time, pay fines, and have their driver’s license suspended, among other penalties. A skilled defense attorney in Arizona can help lessen the effect all of this has on your life. Fight back against DUI charges in Arizona by retaining My AZ Criminal Defenders. Start with your free consultation at 480-833-8000 for more information.