What happens when a person is suspected of drunk driving in Tempe?

Tempe, AZ – There were news reports out of Tempe, AZ that a local police officer who had been recognized for combating drunk driving was arrested for DUI crimes [1].

Police officer charged with DUI following recognition for enforcing DUI laws

Tempe Police Officer Zachary Hyde, recently honored for his work in preventing drunk driving, was arrested for alleged DUI on July 31, 2024. Hyde was off-duty when he was stopped by a trooper from the Arizona Department of Public Safety (DPS) during a DUI investigation. Details surrounding the arrest have not been fully disclosed by DPS.

The Tempe Police Department (TPD) responded swiftly, placing Hyde on administrative leave pending an internal investigation. In a statement, TPD emphasized their commitment to taking any criminal allegations involving their officers seriously.

Just over a month before his arrest, Hyde had been recognized for his efforts in combating impaired driving. Alongside a fellow officer, he received the prestigious “Hero Award” at the 35th Annual Mothers Against Drunk Driving (MADD) law enforcement recognition banquet in June. This award celebrated their contributions to enhancing road safety and reducing drunk driving incidents across Arizona.

The case has drawn significant attention due to the stark contrast between Hyde’s recent accolade and the nature of his arrest. The DPS will continue its investigation into the incident while TPD conducts its internal review. Hyde’s arrest has raised concerns regarding the accountability of law enforcement officers and the potential damage to public trust when those entrusted to enforce the law allegedly break it themselves.

What happens during a DUI investigation in Arizona?

In Arizona, a DUI (Driving Under the Influence) investigation follows a specific process that law enforcement officers adhere to in order to determine if a driver is impaired. Here’s what typically happens during a DUI investigation:

1. Traffic Stop or Initial Contact

The DUI investigation often begins when an officer observes a traffic violation, erratic driving behavior (like swerving, speeding, or braking inconsistently), or responds to a traffic accident. In some cases, DUI checkpoints or sobriety roadblocks may lead to an investigation. Once the officer pulls over the driver, the process moves forward based on their observations.

2. Observation of Driver

After making contact with the driver, the officer observes physical signs of impairment, such as slurred speech, the smell of alcohol, bloodshot eyes, or difficulty coordinating movements. The officer may ask questions regarding alcohol or drug consumption. The driver’s demeanor and responses can raise suspicions, prompting further investigation.

3. Field Sobriety Tests

If the officer suspects the driver is impaired, they will likely administer a series of Field Sobriety Tests (FSTs). These include the Horizontal Gaze Nystagmus (HGN) test (following an object with the eyes), the Walk-and-Turn test, and the One-Leg Stand test. These tests assess the driver’s balance, coordination, and ability to follow instructions.

4. Preliminary Breath Test (PBT)

The officer may also use a portable breathalyzer device to conduct a Preliminary Breath Test (PBT). This gives an initial indication of the driver’s Blood Alcohol Concentration (BAC). While PBT results aren’t admissible in court as conclusive evidence, they help officers make an arrest decision.

5. Arrest and Chemical Testing

If the officer believes the driver is impaired, they will be arrested and transported to a police station or medical facility for chemical testing. Arizona’s implied consent law requires drivers to submit to a breath, blood, or urine test after arrest. Refusal to take these tests can lead to automatic license suspension and other penalties.

6. Processing and Charges

If the driver’s BAC is 0.08% or higher (or 0.04% for commercial drivers), they may be charged with DUI. Arizona has strict DUI laws, including enhanced penalties for extreme DUI (BAC of 0.15% or more) and aggravated DUI (involving minors, suspended licenses, or repeat offenses).

Criminal defense attorneys in Tempe

There are defense attorneys available to help with the process following an arrest in the Tempe, AZ area. The experienced attorneys at Oliverson Law PLLC offer consultations to those who need legal advice.

USAttorneys.com is a lawyer referral service. To speak with a local lawyer anywhere in the country, call 800-672-3103

Firm contact info:

Oliverson Law PLLC

60 East Rio Salado Parkway, Suite 900, Tempe, AZ 85281

480-582-3637

https://oliversonlaw.com/

Sources:

1. https://www.azfamily.com/2024/08/03/tempe-police-officer-recently-honored-by-madd-arrested-dui/