- Take a breath or blood test, if requested, on a first offense
- Ask to speak to an attorney (480-753-5888)
- Produce your license
- Produce vehicle registration
- Be courteous
- Answer any questions
- Consent to video
- Admit to anything
- Take any coordination tests, including that “eye” test
- Try and talk your way out
- Be rude
Other actions which have been tried and are strongly discouraged
- Talking about the arresting officer's mother, wife, sister, daughter. You get the picture.
- Explain in detail what you would do if the officer wasn't wearing that badge. This applies to both men and women.
- Flashing body parts. This is probably successful in getting out of that DUI in less than 1% of arrests.
- Propositioning the officer, no matter how hot you think he or she is. See above.
Yes, these last ones have actually been tried and failed, but worse yet, they are permanently memorialized in that departmental report you will be seeing later.
If you are pulled over or stopped by an officer and he begins to question you about your drinking or asks you to perform any tests, you should immediately ask to call an attorney. The Law Offices of Craig W. Penrod, P.C. provides a 24-hour help line that will be answered within minutes of your call to assure that you are aware of all of your constitutional rights that apply to the investigation before you submit to anything that may possibly be incriminating. Our phone number is 480-753-5888 which will take you to an answering service that will immediately page one of the attorneys on call to respond and answer your questions. If the officer refuses to give you an opportunity to contact an attorney, don't argue with him, but make a mental note of exactly when you requested that attorney and what you said as well as the officer's response. This failure by the officer is a serious violation of your constitutional rights that could ultimately result in the dismissal of your case if it can be established in court.
Do not agree to answer any questions. You are required to produce identification, your driver's license, registration, proof of insurance and, if requested, submit to an analysis of your blood, breath or urine. Most of the other questions that the officer would like to ask you are designed to incriminate you, even if inadvertently. The infamous “on a scale of 0 to 10, zero being completely sober and ten completely drunk, how would you rate yourself at the time you were driving?” may come back to bite you if you answer anything other than “0″. Exercise your Fifth Amendment right to silence!
It is our opinion that you should almost always refuse to perform any field sobriety tests or other physical tests, including the “eye” test in which an officer asks you to follow his pen back and forth. Contrary to what you might think, you will not know if you have “passed” the test. You have the right to refuse this test and the officer does not have a right to impose any sort of penalty for your refusal. The tests are extremely difficult, especially under duress. It's extremely unlikely that your performance on the tests will be good enough to cause the officer to release you at that point without requesting a further chemical test, so it's better to politely decline.
As stated previously, you should immediately ask the police officer for the opportunity to speak to an attorney once it appears to you that he suspects that you might be D.U.I. You have the absolute right to consult with counsel as soon as reasonably possible after your request. If at the time you are unsure of who to call or don't have the phone number, the officer must provide you with a telephone book in a reasonable amount of time to make calls and to obtain a private phone call with an attorney.
The Law Office of Craig W. Penrod has been involved in criminal and DUI defense for more than 20 years. Contact the DUI lawyers at the Law Offices of Craig W. Penrod for a free initial legal consultation if you find yourself facing DUI or criminal charges.