News

The Supreme Court of the United States has ruled that DUI checkpoints stops are constitutional. However, some states, such as Wisconsin and Iowa, have passed laws specifically forbidding them. In other states, like Washington, Oregon, and Michigan, DUI checkpoints are not permitted because they violate the state's constitution. So are DUI checkpoints legal in Arizona?

In short, the answer is yes. In Arizona, DUI checkpoints are legal, meaning the police are allowed to stop you even if they don't have a reasonable suspicion that you've been drinking and driving.

How Traffic Stops in Arizona Normally Work

Generally, the police cannot just stop you for no reason. During a routine Arizona traffic stop, United States constitutional law prohibits the police from pulling you over unless they have a “reasonable suspicion” that a crime has occurred or that a crime is currently in progress. This reasonable suspicion has to be based on the police officer’s objective observations, and can’t just be a hunch or a gut feeling.

So for example, a police officer could pull you over based on a reasonable suspicion that you were driving drunk if you were swerving, driving without your headlights on at night, speeding, or driving excessively slow. A police officer would not have a reasonable suspicion to pull you over based on the model of your car, the type of music you are listening to, your age, your gender, your hairstyle, or your race. If you are pulled over and arrested after a traffic stop that the police officer did not have a reasonable basis to conduct, your defense attorney can file a motion to suppress any evidence against you that was collected as a result of the unconstitutional traffic stop. If successful, this could result in your case being dismissed.

Why Are DUI Checkpoints Legal in Arizona?

So based on the reasonable suspicion rule, you would think that DUI checkpoints would not be legal in Arizona, since they allow police officers to stop drivers without having any reasonable suspicion that they are committing a crime.

However, the Supreme Court has determined that a balancing test must be used to determine whether a police traffic stop is reasonable. In a case called Michigan Dept. of State Police v. Sitz, a majority of the Supreme Court justices decided that a state government’s interest in preventing drunk-driving accidents was more important than the minimal burden to sober drivers who were stopped at a checkpoint. For this reason, the Supreme Court decided that DUI checkpoints are not unconstitutional, despite the lack of reasonable suspicion.

Arizona has not passed any laws prohibiting DUI checkpoints. Therefore, the Supreme Court decision allows police officers to conduct arbitrary DUI checkpoint stops without violating the Constitution. If you’ve been arrested at a DUI checkpoint in Arizona, you will not be able to argue that the checkpoint was a violation of your constitutional rights. You should consult with a criminal defense attorney about what options are available to fight your case.

What Are My Rights at a DUI Checkpoint?

If you are stopped at a DUI checkpoint, the police will ask you to provide them with your driver’s license and vehicle registration. They are permitted to do this, and you must provide your license and registration, as well as any other standard identification information requested. If the police officer requests that you step outside your vehicle, or wants to question you further, you are required to comply with the officer requests. If you do not obey the officer’s instructions, you could be arrested for additional crimes, such as disorderly conduct.

A police officer may also request that you participate in Field Sobriety Tests (FST), which are physical tests designed to test your balance, reflexes, coordination, and memory for indicators of drug or alcohol impairment. The three standard Field Sobriety Tests include:

1. One-leg stand (OLS) — Requires you to stand on one leg for 30 seconds to measure your balance and coordination.
2. Walk-and-turn (WAT) — Requires you to walk heel-to-toe for nine steps, turn around, and return to the place where you started.
3. Horizontal gaze nystagmus (HGN) — Requires you to follow an object, usually a pen, with your eyes.

If the police officer requests that you perform field sobriety testing, you are not required to comply under Arizona law.

Similarly, if the officer requests that you provide a breath specimen to test your BAC, you have the right to refuse that test as well. However, unlike refusing FST, there are consequences for refusing to participate in a breath test. If you refuse, you will receive an automatic one-year driver’s license suspension, even if you have zero alcohol in your system. If you refuse a breath test and the police have enough other evidence that you are driving drunk, they will be able to receive a warrant from a judge to take a blood draw without your consent to test it for drugs and/or alcohol.

When Can I Be Arrested at a DUI Checkpoint in Arizona?

If you are arrested for a DUI offense at a DUI checkpoint, there are several different types of criminal offenses you may be charged with. In Arizona, there are four different kinds of DUI offenses. One is a felony-level crime, and the other three are misdemeanor crimes.

There are three levels of misdemeanor DUI charges in Arizona. The charge received depends upon the Blood Alcohol Content (BAC) of the driver.

If your BAC is 0.08% or more but less than 0.15%, you can be charged with a Standard DUI . If your BAC is 0.15% or more but less than 0.20%, you can be charged with an Extreme DUI . Finally, if your BAC is 0.20% or more, you can be charged with a Super Extreme DUI .

A felony DUI charge is called an Aggravated DUI in Arizona. There are five reasons that a driver can be charged with an aggravated DUI:

1. A child younger than 15 years-old was in the vehicle.
2. The driver has received 2 or more previous DUI convictions in the 7 years before their current arrest.
3. The driver’s license was revoked or suspended.
4. The driver had an ignition interlock device on their car from a previous DUI offense.
5. The driver was on the wrong side of the highway.

What To Do if You Are Arrested at a DUI Checkpoint

DUI checkpoints are generally legal in Arizona. However, there could be other ways that the police violated your constitutional rights during the traffic stop. For example, it is illegal for the police to conduct “random” DUI checkpoint stops with racial bias. Even if the checkpoint was conducted legally, there could also be other defenses to your charge.

You should contact an experienced DUI defense attorney as soon as possible to discuss the possible defenses you might have to avoid a conviction. Whether you are charged with a misdemeanor or a felony-level DUI, Arizona takes DUI offenses very seriously. In fact, Arizona has the strictest DUI laws in the entire country. You could face jail time, a driver’s license suspension, and large fines. You need a skilled criminal defense attorney to fight for you.