Wilson-Goodman & Fong:
1) SHOULD I PERFORM FIELD SOBRIETY TESTS?
DO NOT agree to take any field sobriety tests (FSTs). There are several types of FSTs: Walk and Turn, On Leg Stand, and an eye test (otherwise referred to as Horizontal Gaze Nystagmus). You have every right to refuse these tests without consequence to you. Remember, you have a constitutional right to remain silent. Make sure not to answer any questions without first having your attorney with you.
2) SHOULD I SUBMIT TO A BREATH, BLOOD OR URINE TEST?
Under Arizona law, you must agree to take a breath, blood or urine test once you have been arrested. It would be a good idea to contact an attorney prior to submitting tot he tests, if possible. Failure to submit to the tests upon request may result in your driver's license being revoked for one year. However, if you are asked to take a Portable Breath Test (a small tube you blow into, usually requested by the officer at the scene) and not an actual breath test (a breathalyzer or intoxilyzer machine you blow into while at a DUI van or police station), you do not have to submit to it.
3) HOW MANY DUIs CAN I BE CHARGED WITH?
Generally, the State may bring three different charges against you, depending on the amount of alcohol in your system at the time of driving:
a) Driving While Under the Influence while impaired to the "slightest degree". This charge does not require the State to prove that your blood alcohol concentration be at a certain amount, but only that you are impaired to the slightest degree.
b) Driving While Intoxicated with a blood alcohol concentration above .08 within two hours of driving.
c) Driving While Intoxicated with a blood alcohol concentration about .15 within two hours of driving. This is referred to as an "Extreme DUI". If convicted, penalties increase significantly including a longer jail sentence and higher fine. You will also be required to install a breath interlock interlock device on you vehicle.
4) WHEN DOES A DUI BECOME A FELONY?
There are a couple of ways that your DUI may be charged as an aggravated (felony) DUI. First, under Arizona law, should you be convicted of three DUIs within five years, you will be charged with a felony DUI. Second, should you be arrested for DUI while driving on a suspended license, you may be charged with an aggravated DUI. Keep in mind that the State has the burden of proving that you knew or should have known your license was suspended at the time of driving. The punishment for an aggravated DUI may range from supervised probation with a mandatory minimum of 4 months in prison to almost 4 years in prison.
5) WILL MY DRIVER'S LICENSE BE SUSPENDED?
Keep in mind that you are entitled to a hearing before an Administrative Law Judge at the Motor Vehicle Department. If your blood-alcohol reading is about .08, your license may be suspended for 90 days. In some cases, the MVD will issue a restricted license after thirty days for work purposes. This license suspension may occur even if you have not been convicted of a DUI in a criminal court proceeding.