You were pulled over for speeding, drifting slightly, or failing to signal a turn.
A few minutes later, you’re out of your car doing field sobriety tests.
Can a simple traffic violation really justify a DUI arrest in Arizona?
The short answer: not always—and not lawfully.
1. Traffic stops vs. DUI investigations: There’s a legal difference
Officers need reasonable suspicion to initiate a traffic stop. But to escalate that stop into a full DUI investigation, they need more—specific observations suggesting impairment. That could include slurred speech, an odor of alcohol, glassy eyes, or erratic behavior. A civil traffic violation by itself—like a rolling stop or a minor speeding infraction—doesn’t automatically justify a DUI investigation.
2. NHTSA has specific cues for impaired driving
The National Highway Traffic Safety Administration (NHTSA) developed 24 cues associated with impaired driving. These include things like:
– Weaving within or outside your lane
– Making wide turns
– Nearly striking an object
– Slow or inappropriate response to traffic signals
Importantly, minor traffic violations—like going 10 mph over the speed limit or failing to signal—are not on that list. That matters when it comes to whether your stop should have led to a DUI investigation at all.
3. What Arizona courts have said
Arizona courts recognize that probable cause for a DUI arrest requires more than just a traffic violation. The officer must observe something indicating that you’re impaired, not just that you committed a civil infraction. If those observations don’t exist—or if they contradict what the body-worn camera shows—then a motion to suppress may be warranted. Some judges are especially cautious about DUI arrests that seem to begin with fishing expeditions.
4. How officers stretch the truth
In many cases I’ve handled, officers attempt to justify a DUI investigation based on vague claims like “bloodshot eyes,” “nervousness,” or “slow responses”—none of which prove impairment. I’ve seen countless police reports that don’t match the video evidence. In some cases, the only clue they had was that the driver admitted to taking medication or looked ‘tired.’ That’s not enough—and those cases are worth fighting.
5. What to do if you were pulled over for something minor
Don’t assume that just because you were arrested, the stop was valid. Your entire defense may hinge on whether the officer had a legal basis to begin a DUI investigation in the first place. The earlier you get a lawyer who knows how to challenge that part of the case, the better your chances.
Conclusion
If you were pulled over for a minor traffic violation and ended up charged with DUI, your case deserves a second look. I’ll review the bodycam, the police report, and the law that applies to your stop. Contact me for a free case review—I may be able to get the entire case thrown out.
