There are few more helpless and frightening feelings than when you are being pulled over on suspicion of driving while intoxicated. Amidst the chaos and fear, however, it is important to remember that you do have rights. And while no one expects you to possess the knowledge of an experienced Arizona DUI attorney in that stressful moment, knowing your rights will go a long way if you are stopped and charged with driving while intoxicated. The Law Offices of Craig W. Penrod would like to remind you not only to seek qualified legal representation in the form of an experienced Arizona DUI lawyer, but to protect yourself at the scene by remembering and applying these helpful tips.
If you are pulled over on suspicion of DUI, you can expect to be questioned and to be asked to perform any number of field sobriety tests. At this point you should immediately ask to call an attorney. Our office has a 24-hour help line that will allow you to seek advice that can help you protect against incriminating yourself at the time of your arrest. If you are denied your right to consult with an attorney at the time of your arrest, it is a violation of your constitutional rights which could result in the dismissal of your case.
When pulled over always remember that you have the right to remain silent. Other than your name and address, you are not required to answer any questions asked of you, as they will no doubt be questions designed to incriminate you. You will be required to produce identification, registration and proof of insurance, and are required to submit to an analysis of your blood, breath or urine. You are not required to do anything else. You are not required to perform physical or field sobriety tests or submit to the “eye” test. If asked to do so, politely decline.
You have the right to refuse any field sobriety tests or other physical tests, and with good reason. The results of field sobriety tests are dependent upon a number of factors (height, weight, medical conditions, weather and lighting conditions, etc.) and not an exact science. Add the stress of the situation and the odds of passing such tests are exceedingly low. Say no to all requests for such tests; it’s your right and by far your best bet.
Remember that your first move when pulled over for suspicion of DUI is to ask to speak to an attorney. If you don’t know the number of an attorney, the officer must provide you with a phone book so that you may find one. Making this one simple phone call will allow you the lifeline you need to know what to do and what not to do at the scene, and how to protect your rights in an adverse situation.