Holiday Season PSA: What to Expect if You’re Stopped for a DUI Investigation in Arizona
The holidays are a time for celebration, travel, and gathering with friends and family — but they also bring an increase in DUI enforcement across Arizona. Understanding your rights and what typically happens during a DUI investigation can help reduce confusion, fear, and misunderstandings during roadside encounters.
This public service announcement explains the difference between detention and arrest, why police may transport someone to a station before deciding on formal charges, and what rights apply at each stage.
1. There Are Two Different Stages in a DUI Stop
During a typical DUI investigation in Arizona, there are two main phases:
Stage 1: Detention / Investigation at the Roadside
This is the initial stop and evaluation.
Stage 2: Formal Arrest
This may happen later — sometimes at the police station, not at the roadside.
It’s important to understand the distinction between these two stages because your rights and legal protections depend on when an arrest officially occurs.
2. Being Taken to a Police Station Does Not Automatically Mean You’re Under Arrest
Arizona law allows officers to temporarily detain someone when they have reasonable suspicion that a person may be driving under the influence. This can be based on:
- A traffic violation
- Signs of impairment
- Concerns about unsafe driving
During this investigatory detention, an officer may:
- Ask questions
- Run a license and registration check
- Conduct field sobriety tests
- Call a DUI van or transport the person for additional testing
This stage is legally considered detention, not arrest, even if you are transported.
3. A Formal DUI Arrest Often Happens Later, After Testing at the Station
Officers typically do not make a final arrest decision until they gather enough evidence to establish probable cause. This may include:
- Odor of alcohol or drugs
- Physical signs of impairment
- Driving behavior
- Field sobriety test results
- Refusal to do tests
- Horizontal gaze nystagmus (HGN) clues
- Statements or admissions about drinking
Once the evidence is sufficient, officers may place someone under formal arrest — and that can legally occur at the station rather than at the roadside.
4. Why Officers Sometimes Transport People Before Making an Arrest
Many agencies take individuals to the station before deciding on arrest because:
- Breath-testing equipment is located at the station
- Blood draws are performed at the station
- The environment is safer and controlled
- Encounters at the station are typically recorded
- Officers must complete the Admin Per Se (license suspension) paperwork there
Transporting someone does not always mean the arrest has already occurred.
5. This Process Is Normal and Allowed Under Arizona Law
Arizona law permits officers to detain and transport a person a short distance for investigative purposes, as long as it is reasonable and directly related to the DUI investigation.
This is common practice across the state during DUI enforcement periods, including holiday weekends.
6. Your Legal Rights Begin at the Point of Arrest, Not Before
When the formal arrest occurs matters for several reasons:
- Miranda rights
- Whether your statements can be used in court
- Admin Per Se deadlines (license suspension procedures)
- MVD timing requirements
While officers may detain someone to complete the investigation, full rights and protections begin once an arrest is made.
Stay Safe This Holiday Season
The best way to avoid any risk is to plan ahead:
- Use a ride-share service
- Choose a designated driver
- Stay overnight where you are celebrating
- Look out for friends and family
Understanding the DUI process doesn’t just protect you — it helps our entire community stay safer during one of the busiest times of the year.
If you have questions about Arizona DUI laws or want to learn more about your rights, our team is here to help. Contact Us Today
Disclaimer: This article by R&R Law Group does not constitute legal advice and is only for general informational purposes. For guidance about your specific situation, you should consult with a qualified attorney.
