Under no circumstance do we advise that you drink and drive, but, if you are ever pulled over on suspicion of driving under the influence (DUI), it is important to know your rights. By knowing your rights you can choose the appropriate actions to protect yourself. It can be terrifying to be pulled over by a police officer but you must remain calm. When you are pulled over by a police officer, regardless of the circumstance, it is imperative that you pull over quickly yet safely. Lower your window, get your driver’s license and registration ready, and keep your hands on the steering wheel where they can be easily seen.
Once you have been pulled over, it is important to know that you are not yet under arrest. If the officer asks you incriminating questions, such as, “Have you been drinking?” – you are not legally required to answer or incriminate yourself. Simply and respectfully decline to answer any questions. Additionally, the officer may request or tell you that they want to perform a field sobriety test. You are not legally obligated to participate in any field sobriety test. Not only are these tests subjective, but they can be inaccurate. Even if you have not been drinking, it can be challenging to pass a field sobriety test. Adrenaline is pumping, you are probably frightened, cars are driving by, their lights are flashing in your face, and the tests can be confusing. Rather than taking the field sobriety test, it is best to politely decline and state that since they are not required by law and you do not believe that the tests are reliable, you would not like to take a field sobriety test.
When it comes to a breathalyzer test, you are not required by law to take one. But, keep in mind that if you refuse even for noble reasons, it will not look the best. It is important to note that if you do refuse to take a breathalyzer, under Arizona law, you can have your license revoked for up to 12 months, regardless of if you are convicted of DUI. Additionally, if you refuse a breathalyzer, police will likely acquire a warrant very quickly for a blood/urine test so refusal will likely not help you very much one way or another. If you are arrested for DUI, the most important thing to know is that you need to call an experienced and knowledge Arizona DUI attorney. At Alcock Law, we will help establish a winning strategy for your Arizona DUI case. We will get to know you and use our extensive experience to aggressively defend you.
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004