The harsh penalties for an Arizona extreme DUI conviction are well know by many people who live in Arizona. However, what happens when we apply these penalties to people who were only visiting Arizona and charged with DUI? One could take the view: who cares? When people come to “our state” and commit crimes, they deserve whatever they get. On the other hand, you could look at what I believe are the unintended effects of these penalties on visitors to Arizona.
In almost all Arizona DUI cases a police officer will make an arrest without an arrest warrant. Police are permitted to make such warrantless arrests if they possess probable cause. Probable Cause in DUI Cases To make a lawful DUI arrest in Arizona police officers must have “probable cause” to believe the person was driving under the influence of alcohol (DUI). Arizona has codified this probable cause requirement in Arizona Revised Statute §13-3883. Arizona courts have defined probable cause as “such a