12 DUI FAQs you need to Know In Arizona

The following is a list of things you should do: Stop your vehicle as soon as safely possible.

• Open your windows. Turn off the vehicle. Keep your hands so the officer can see them.
• Instruct your passengers to be polite, silent and keep their hands in view.
• Be respectful, and polite to the police.
• Show your driver’s license, registration, and proof of insurance if requested.
• Do not admit ANYTHING. If they ask you a question, they want you to give them the information they can use against you. Don’t do it.
  Do not try to talk your way out of the situation.
• Do not consent to any searches.
• Don’t answer questions or agree to be video or audio taped.

Almost without a doubt, the HGN test will be used against you. If you have been drinking or doing drugs, the officer will say you failed the HGN test. You cannot be forced to perform the field sobriety test or the HGN eye test. If you refuse, though, you will likely be arrested for DUI and taken to another location for breath, blood, or urine testing. The purpose of the field sobriety tests is for the officer to obtain evidence against you. Usually, the officer will perform the HGN test first; if he asks you to perform other field sobriety tests, he probably believes that you are intoxicated and will be arresting you anyway. Generally, we do not advise our clients to submit to the HGN test or perform the field sobriety tests.

In Arizona, you will be subject to a one-year license suspension if you refuse to voluntarily give a sample. In most cases, the police will obtain a search warrant to take your blood without your consent. Generally, we do not advise our clients to refuse to give a valid blood, breath or urine sample.

Never consent to a search. This is a violation of your constitutional rights. Politely tell them that you are not going to consent to a search and that you know that they need a warrant to do so. Consult your defense attorney immediately.

Contrary to popular belief, police officers are not required to read Miranda Warnings every time they make an arrest. They are required to advise you of your Miranda Rights prior to asking you questions about the alleged crime while you are under arrest. If they do fail to read you your rights, it may be possible to keep out any incriminating statements you have made. This could lead to a total dismissal of your charges.

NO! The police are not asking you questions because they want your side of the story. They will appear to be very harmless and nice to entice you into answering questions that will incriminate you. You must understand, the police are asking you questions because they are trying to gather evidence to build their prosecution case against you (although they will not say that. They will tell you it is in your best interest which is not true).

You need to consult a Criminal or DUI Defense Attorney before answering any questions ASAP. Don’t allow self–incrimination. Your defense attorney will conduct an investigation independent of the police. Evidence of your innocence from this independent investigation can then be presented to the police and the prosecutor by your defense attorney through the proper legal channels that will protect you and your constitutional rights. The prosecutor may be required to show the evidence of your innocence to any grand jury they try to use to indict you.

It is extremely common that someone who is visiting Arizona from another state is arrested for DUI. Our firm handles many such Arizona DUIs from clients visiting from out of state. On a client’s request, we make every effort to have you appear telephonically with both the court and the Department of Motor Vehicles. An Arizona DUI may affect your driving privileges in the state you reside in.

Yes. In Arizona, field sobriety tests (such as eye tests, one–leg stand, walk and turn, finger–to–nose tests, etc.) are voluntary. However, your refusal may be presented as evidence to the jury. In some cases, the police may feel they have enough evidence to arrest you on the spot.

No. Arizona Courts have ruled that you have no right to counsel until you are placed under arrest. The officer is asking you to perform field sobriety tests in order to build their case against you. In most circumstances, we recommend that you refuse the test and ask to speak with an attorney as soon as reasonably possible.

No. In Arizona, you cannot choose which test the officer will conduct. In Arizona, the three most common tests are blood, breath, and urine. While you cannot choose the test the officer performs, you may obtain your own independent sample of whichever test is conducted. Be sure to ask that a second sample is obtained and preserved for your defense. Depending on the facts of the case, a DUI defense retest may be performed at an independent lab.

The most traditional DUI charge is “driving under the influence of alcohol” (DUI) or, in some states, “driving while intoxicated” (DWI). Arizona has a second “per se” offense: driving with an excessive blood–alcohol concentration (.08%). In Arizona, BOTH offenses are charged. You can even be convicted of more charges depending on how high the BAC is and the circumstances surrounding your case.