Stopped For A DUI?
Being investigated for a DUI can be a frightening experience.
Not everyone knows what to expect or what they should and should not consent to do during the investigation.
Here is some helpful information about DUI investigations in Arizona if you happened to be stopped for a DUI.
Ask to Speak to an Attorney.
You have the right to speak to attorney.
Ask to call an attorney the moment the investigation begins.
An attorney can advise you of what your rights are, what test you can refuse, what test you should consent to.
Some attorney, including Thrush Law Group, offer twenty-four hours a day service and are on-call at night to answer questions.
Should I Answer Questions
Most adults are familiar with the “Miranda Rights” they read on those cop and lawyer T.V. shows. “Anything you say can and WILL be used against”.
You cannot help yourself by giving the police officers too much information.
This is not the time or the place to tell your side of the story.
You should be polite and respectful, but do not answer any questions.
Field Sobriety or Preliminary Test.
You have the power but not necessarily the right to refuse these tests and a refusal can be used against you later.
There are three certified field sobriety test: the One Leg Stand test, the Walk and Turn test, and the Horizontal Gaze Nystagmus test.
You have the power to refuse any of these tests.
These tests are extremely difficult for many people regardless of impairment.
There are other non-certified field sobriety tests and a preliminary Breathalyzer that the officer could attempt to administer.
You are not required to take any of these tests.
Blood and Breath Test
The rules for blood and breath tests are different than the other test mention earlier.
Some of the law enforcement agencies do not offer both test and may require you to take one of the test without the option of taking the other.
In Arizona when you are under arrest you may have the ability to refuse these tests but a refusal can have consequences and the police may get a warrant and obtain a sample regardless of your refusal.
These tips are regarding the Arizona law and may not be applicable in your jurisdiction.
You should always consult an attorney regarding any legal questions you may have.
Thrush Law Group specializes in DUI law and can help you if you are stopped for a DUI.