DUI TIPS
Q: What do I do if I am stopped by a police officer in Arizona for possible DUI?
1. DO hand the police officer your license, registration, and insurance. DO quietly exit the vehicle if requested by the police officer. If you refuse to exit the vehicle you can be charged with the crime of failing to obey a lawful police order. The case law is clear that you must exit your vehicle if ordered to do so. If someone tells you that you should refuse to exit the vehicle and stay in your car, they have absolutely no idea what they are talking about. Refusing to exit your vehicle can get you charged with a crime and can create a dangerous situation for you and the police officer.
2. DO ask to speak to an attorney as soon as possible. Do this even if you believe you are sober. This is very important because it invokes certain constitutional rights that a lawyer can later use to your advantage. After you do this the police should give you a reasonable opportunity to call an attorney at some point during the DUI investigation.
3. DO NOT answer any questions. Simply say that you "plead the 5th" and want to speak to an attorney. I know this can be difficult for people to do because it seems as though it will make matters work. Legally, it will not. You should provide all of your documents to the police and then politely tell them that you are pleading the 5th and need to speak with an attorney as soon as possible. Tell them that every time they ask you a question. You will be thankful for it later.
4. DO NOT perform any field sobriety tests or the eye test (also called "roadside tests"). These tests are different than the blood or breath tests and are highly subjective and unfair. In over 20 years, I have never seen a police report that indicated that someone "passed" all of the field tests. Everyone fails these tests, so do not do them. Also, the MVD will not suspend your license simply because you refused these tests.
5. DO ask to be released as soon as possible to obtain an independent blood test at a hospital. Do this even if you have already given a blood, breath, or urine sample to the police. This is important because it encourages the police to release you immediately and it gives you an opportunity to have your own blood sample to test and challenge the police sample.
6. DO NOT discuss your medical history or your medications with the police. You can be accused of DUI Drugs if the police believe you are driving with certain prescription drugs in your system. Some medications stay in your system for a long time, even if they are not hurting your ability to drive. As previously stated, just remain silent and politely ask for an attorney.
7. DO be calm and polite, even if the police are not being very nice.
WARNING: Many people believe that they are helping themselves by answering a police officer's questions at the scene of a DUI arrest. Often, they are only hurting their case. You must remember that everything you say will be written down by the police and used against you in court. You have an absolute right in Arizona to remain silent.
Q: What do I do if I am stopped by a police officer in Arizona for possible DUI?
1. DO hand the police officer your license, registration, and insurance. DO quietly exit the vehicle if requested by the police officer. If you refuse to exit the vehicle you can be charged with the crime of failing to obey a lawful police order. The case law is clear that you must exit your vehicle if ordered to do so. If someone tells you that you should refuse to exit the vehicle and stay in your car, they have absolutely no idea what they are talking about. Refusing to exit your vehicle can get you charged with a crime and can create a dangerous situation for you and the police officer.
2. DO ask to speak to an attorney as soon as possible. Do this even if you believe you are sober. This is very important because it invokes certain constitutional rights that a lawyer can later use to your advantage. After you do this the police should give you a reasonable opportunity to call an attorney at some point during the DUI investigation.
3. DO NOT answer any questions. Simply say that you "plead the 5th" and want to speak to an attorney. I know this can be difficult for people to do because it seems as though it will make matters work. Legally, it will not. You should provide all of your documents to the police and then politely tell them that you are pleading the 5th and need to speak with an attorney as soon as possible. Tell them that every time they ask you a question. You will be thankful for it later.
4. DO NOT perform any field sobriety tests or the eye test (also called "roadside tests"). These tests are different than the blood or breath tests and are highly subjective and unfair. In over 20 years, I have never seen a police report that indicated that someone "passed" all of the field tests. Everyone fails these tests, so do not do them. Also, the MVD will not suspend your license simply because you refused these tests.
5. DO ask to be released as soon as possible to obtain an independent blood test at a hospital. Do this even if you have already given a blood, breath, or urine sample to the police. This is important because it encourages the police to release you immediately and it gives you an opportunity to have your own blood sample to test and challenge the police sample.
6. DO NOT discuss your medical history or your medications with the police. You can be accused of DUI Drugs if the police believe you are driving with certain prescription drugs in your system. Some medications stay in your system for a long time, even if they are not hurting your ability to drive. As previously stated, just remain silent and politely ask for an attorney.
7. DO be calm and polite, even if the police are not being very nice.
WARNING: Many people believe that they are helping themselves by answering a police officer's questions at the scene of a DUI arrest. Often, they are only hurting their case. You must remember that everything you say will be written down by the police and used against you in court. You have an absolute right in Arizona to remain silent.
Silva Law Firm, P.C. LEGAL DISCLAIMER: The materials in this web site are not legal advice and your use of these materials does not constitute nor form an attorney/client relationship with the Silva Law Firm, P.C. Please do not send any confidential information to our office without prior authorization. Contact us personally regarding specific advice for your particular case, because there is no substitute for professional legal counsel.