Once you have been pulled over, you must keep in mind that you have not been placed under arrest. You need to be courteous to the police officer and present your driver’s license, registration and proof of car insurance. After this, the officer may start to ask questions, but you are under no obligation to answer them. One question that is common is if you have had anything to drink or how many drinks you have had. Answering this type of question only makes it more difficult for an attorney to defend you. Simply be polite and decline to comment and ask to speak with a lawyer. It is imperative to speak with a lawyer immediately because they will tell you to submit to a blood or breath test and then ask to be released to get an independent test at a hospital.
If you decline breath or blood tests you will lose your license for a year, NO matter what. By speaking with an experienced DUI lawyer, they will tell you to do the following:
Do not agree to coordination tests
These types of tests are very subjective and are open to interpretation. If you fail the test, in the opinion of the police officer, you will be placed under arrest. If you refuse to take any coordination tests, you will likely be arrested, but you will not have incriminated yourself in any way. This gives your attorney a better chance of successfully defending you. Even if you have had nothing to drink, a person can fail this test. This is especially true with older people. They agree to take tests they know nothing about, and when the test is administered, they find out they are not physically able to complete the test. An individual may find it funny that they are getting old, but it isn’t funny when they are arrested for being intoxicated. Ask the officer to be released to obtain an independent blood test at a hospital.
Do not agree to eye tests
This falls under the category of field sobriety and is more subjective than a coordination test. Never agree to an eye test after being pulled over. There is nothing to gain from it and plenty to lose. The same is true with a video tape. This is open to interpretation and you should not agree to be videotaped.
A first time DUI offender in the State of Arizona faces stiff penalties. You will face fines of up to $1500, loss of driver’s license, increased insurance costs, and an Ignition Interlock device installed in your car. Always remember that you have rights, and it is an attorney that will protect these rights and work for your interests.
Article provided by the David Cantor, a Certified Criminal Law Specialist. The Law Offices of David Michael Cantor is considered one of the top DUI defense law firms in Arizona.