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Interviewer: What are the steps in a drug-related arrest? What happens if someone gets pulled over and then they are arrested, what happens after that?
Based on the Officer’s Observations of the Driver, They Will Be Asked to Exit Their Vehicle and Perform Field Sobriety Tests
AZ Criminal Law Team Lawyer: When someone gets pulled over, usually the officer will state that they smell odor of alcohol and/or they notice a person’s bloodshot watery eye. Officers then usually go into questioning that person about whether they have had anything to drink or if they have taken any drugs. They phrase the question as “have you been smoking marijuana” or “how many drink have you had tonight?” Based on their observations, they’ll decide whether they want to ask the person to step out of the car and have that individual participate in field sobriety tests.
If the Officer Believes the Driver Failed the Field Sobriety Tests, the Driver Will Be Asked to Consent to a Breath or Blood Test
After the person steps out of the car, they’ll have them submit to field sobriety tests. If the officers determine that person did not pass those tests then they go on to either do a breath test or draw blood.
Refusing the Blood Test Will Result in a Warrant to Compel You to Submit and a Year-Long License Suspension
Now, with the blood a person can expressly consent to the draw after they are read the admin per se. If they do not consent, then the police have to obtain a warrant. If the person does not consent to the blood draw and there is a BAC level above a .08, the MVD will suspend that person’s license for one year. When you do consent do a blood draw, under the admin per se rules, the MVD will suspend a persons license for ninety days.
Interviewer: How long does it take for the police to get that warrant?
AZ Criminal Law Team Lawyer: It’s pretty immediate. There’s a 24/7 judge that’s on call so it’s now as easy as making a phone call. It takes only a few minutes.
When Should You Be Read the Miranda Rights during an Alcohol- or Drug-Related Arrest?
Interviewer: When should people here their Miranda rights during this process?
AZ Criminal Law Team Lawyer: Well, a police officer is supposed to Miranda someone prior to the time of arrest and when a person is subject to any interrogation.