Arizona DUI Arrest
The following is the typical arrest process in a DUI case. Note that some cases may be different and the following may not apply in every DUI case.
This page is comprised of the following parts:
- The Stop
- The Field Sobriety Tests
- The Portable Breath Test
- The Arrest
- The Breath Test
- Blood Testing
- What is Next?
The Stop
The police must witness a traffic violation or have reasonable suspicion that you have committed a crime in order to make a traffic stop. In suspected DUI situations, police officers are trained to look for certain driving behaviors:
- Weaving
- Weaving across lane lines
- Straddling a lane line
- Drifting
- Swerving
- Almost striking a vehicle or other object
- Turning with a wide radius, or drifting during a curve
- Stopping problems (too far, too short, too jerky)
- Accelerating for no reason
- Varying speed
- Slow speed
- Driving without headlights at night
- Failure to signal a turn or lane change, or signaling inconsistently with actions
- Driving in opposing lanes or the wrong way on a one-way street
- Slow response to traffic signals
- Slow or failure to respond to officer's signals
- Stopping in the lane for no apparent reason
- Following too closely
- Improper or unsafe lane change
- Illegal or improper turn (too fast, jerky, sharp, etc.)
- Driving on other than the designated roadway
- Stopping inappropriately in response to an officer
- Inappropriate or unusual behavior
- Appearing to be impaired
To justify a stop, a police officer will state that he witnessed a traffic violation, and/or some of the behaviors listed above.
The police officer is also trained to look for certain post-stop behavior:
- Difficulty with motor vehicle controls
- Difficulty exiting the vehicle
- Fumbling with driver's license or registration
- Repeating questions or comments
- Swaying, being unsteady, or having balance problems
- Leaning on the vehicle or other object
- Slurred speech
- Slow to respond to officer or requiring the officer to repeat questions
- Providing incorrect information or changing answers
- Odor of alcoholic beverage coming from the driver
The police officer will usually list some of these items in his police report as further evidence against you.
The Field Sobriety Tests
There are six field sobriety tests and a portable breath test device that police officers typically use to start gathering evidence against you. Most of the field sobriety tests, test your agility and your ability to complete multiple tasks at the same time (divided attention tests).
Horizontal Gaze Nystagmus
Usually using a pen, the officer will ask you to stand with your feet together, have you remove your glasses (if you are wearing any), and tell you to follow the pen with your eyes without moving your head. Nystagmus is an involuntary twitching of the eyeball. During this test the officer is looking to see:
- If your eyes follow the pen smoothly
- If you have a nystagmus when your eyes are looking all the way to the sides
- If you have a nystagmus prior to your eye being 45 degrees from center
- If you sway while standing
- If you have trouble understanding the instructions.
Walk and Turn
The officer will instruct you to stand on a line with your right foot in front of your left foot and your hands at your side. He will then tell you not to move until you are instructed to do so. He will inform you that when he says to start, with your hands at your side you are to take 9 heel to toe steps while counting out loud and looking at your feet. After nine steps you are to turn pivoting on only one foot, then do 9 heel to toe steps back. During this test, the officer is looking to see:
- If you cannot keep your balance while listening to the instructions
- If you start before he is done giving instructions
- If you stop while walking
- If you do not touch heel to toe
- If you step off the line
- If you raise your arms more than 6 inches
- If you lose your balance
- If you turn improperly
- If you take the incorrect number of steps
One Leg Stand
The officer will instruct you to stand with your feet together and your arms at your side. He will then tell you to raise one foot 6 inches above the ground, look at your foot, and count. He will test you for 30 seconds. During this test, the officer is looking to see:
- If you sway while balancing
- If you use your arms to balance
- If you hop
- If you put your foot down before the test is completed
Romberg Modified
The officer will instruct you to keep your feet together, put your arms at your side, close your eyes, and tilt your head back. Then he will instruct you to either count or say the alphabet backwards. During this test, the officer is looking to see:
- If you require additional instructions during the test
- If you open your eyes
- If you fail to keep your feet together
- If you fail to keep your head tilted back
- If you sway while balancing
- If there is an error in the alphabet or the counting
Finger to Nose
The officer will instruct you to keep your feet together and put your arms at your side. He will then instruct you to make a fist, point with your index finger, close your eyes, and tilt your head back. Then he will instruct you to touch the tip of your finger to the tip of your nose. (He may or may not tell you that tip of the finger means the very end of the finger and not the pad of your finger. Regardless, if you get this wrong, he will count it against you.) During this test the officer is looking to see:
- If you open your eyes
- If you fail to keep your feet together
- If you fail to keep your head tilted back
- If you use the wrong finger
- If you miss your nose
- If you use the pad or another part of your finger
- If you sway while balancing
The Portable Breath Test
The officer may ask you to blow into a handheld device. This device is called a portable breath test or PBT. It is designed to give the officer a approximate reading of how much alcohol is in your body. The device can be used as evidence of probable cause to make an arrest, but the number it gives cannot be used against you in court because it has not passed the necessary scientific tests to be considered an accurate alcohol concentration measuring device.
The Arrest
To make an arrest for DUI, the police officer must have probable cause that you committed a DUI. The police officer gathers this information by observing your driving, asking you questions, having you perform field sobriety tests, and possibly having you blow into a portable breath tester (PBT). Once the officer believes he has probable cause, he will put handcuffs on you and put you in the back seat of his patrol car. He will then take you to another location for breath or blood testing.
The Breath Test
In Arizona, breath testing is done with one of two machines. Either the Intoxilyzer 5000EN or the newer Intoxilyzer 8000.
Both of these machines are made by the same company: CMI of Owensboro, Kentucky.
These machines are supposed to be calibrated and tested on a regular basis by the police agencies responsible for them. It is not unusual for a machine to have a problem and to be pulled out of service for repair. Sometimes, the machine has to be sent back to the manufacturer. The only way to determine if the machine was working properly is to view its service records from before and after the arrest.
Breath testing provides instantaneous results, but there is controversy in the scientific community over the accuracy of breath testing and these machines in particular. Many factors can affect the accuracy of the readings of these machines including proper testing procedure, temperature, and individual human body variances.
Blood Testing
Some police departments, do blood tests rather than breath tests. Two
test tubes of your blood are drawn from your arm and then sent to a lab
that tests one of the vials of blood using a gas chromatograph. Usually
it takes 4 - 6 weeks for the lab results to come back.
It is not unusual, now, for a police officer to be the one to draw the blood from your arm. Many police departments have sent their officers to courses to become phlebotomists. Unfortunately the courts have upheld the legality of police officers acting as phlebotomists.
A proper blood draw, proper handling of the blood sample, and proper testing methods at the lab are critical to obtaining an accurate result with gas chromatography.
What is Next?
If you were cooperative with the police officer and never before had a DUI you might be given a court date and released. Otherwise, you will be booked into jail. Once you are booked into jail, you will see a judge for an initial appearance and to have release conditions set. You might be required to post a bond to be released.
