YOU HAVE THE RIGHT TO AN ATTORNEY
If you are stopped by police officers, do not attempt to talk your way out of an arrest or ticket. Do not talk at all except to immediately request an attorney. Chances are the police officer is recording the stop by video, audio or both. You do not want to say or do anything that can be used against you.
Once arrested the police officer will obtain a breath sample, blood sample or both. The police officer must obtain your blood or breath sample within a specific period of time after the stop otherwise DUI charges may not be supported. Speak with an attorney before submitting to the test. If you do not have an attorney contact Kester Law Group immediately where attorneys are available 24/7 for free consultations (480) 771-6000.
YOU HAVE A CONSTITUTIONAL RIGHT TO REMAIN SILENT
As with any contact with law enforcement, you have the right to remain silent. This is the 5th Amendment. Exercise this right! From the moment of the traffic stop you should assume that you are being recorded by video, audio or both. If you stagger in video, the police officer will say you could not walk. If you do not enunciate your words correctly, the officer will say your speech is slurred.
If stopped, provide the police officer with your registration, driver’s license and proof of insurance. The police officer may ask: “Do you know why I stopped you?”, “Where are you coming from?”, “Why did you do this or that?”, “When did you last eat or drink?” Do not answer any questions, make any statements or admissions. Tell the police officer you want to talk to your attorneys and say no more. If you do not have an attorney, call Kester Law Group we will help 24/7! (480) 771-6000.
ARIZONA DUI LAW DOES NOT REQUIRE YOU TO PERFORM FIELD SOBRIETY TESTS
Many people believe that they are required to perform field sobriety tests when stopped by police officers for DUI. There is no legal requirement to perform field sobriety tests and nothing good can come of it. Period. Some field sobriety tests are walking a line, counting backwards, standing on one leg or HGN eye tests (horizontal gaze nystagmus).
Again, Arizona DUI law does not require you to perform field sobriety tests. If asked to perform field sobriety tests, you should politely refuse. Sometimes people will tell the police officer that he/she has a bad back, weak legs, some type of injury to explain away errors in the field sobriety test. Don’t do this. If asked to perform field sobriety tests, refuse and call your attorney. Call Kester Law Group for your DUI at (480) 771-6000.
IF YOU ARE STOPPED BY POLICE FOR A DUI
- Always keep your registration and proof of insurance together so you are not shuffling through items during the traffic stop. This can make police officers very uneasy and lead to escalation.
- Keep your hands on the steering wheel and in plain sight.
- If stopped at night, the police officer may shine a light in your face under the guise of attempting to see you. In reality, he is trying to do a HGN test to determine if your eyes make jerking movements or are unable to track. Keep your face and eyes forward.
- When stopped provide your insurance, registration, identification and invoke your 5th Amendment right to remain silent. Do not answer any questions or make small talk. Remain silent!
- The police officer will ask you to perform field sobriety tests or an HGN test. Do not perform any field sobriety tests or any HGN test. You are not legally required to perform these test. Nothing good can come from it.
- The police officer will ask to obtain a blood or breath sample or both. If you refuse to provide a blood or breath sample, your driver’s license can be automatically suspended for 1 year. If you have had more than 1 DUI, a refusal can lead to a 2 year suspension. Keep in mind, even if you refuse, the police officer can still obtain a warrant to collect a blood or breath sample. Submit to these test only after you consult an attorney.
- Any blood or breath samples obtained by the police officer need to be Independently tested. Ask for the evidence to be preserved. Call Kester Law Group (480) 771-6000