Certified Criminal Law Specialist in Phoenix and Scottsdale, AZ
Oct
03

What should you do if you are stopped for a DUI?

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Do yourself a favor and do not drive if you have had too much to drink.  However, should you find yourself pulled over the side of the road with the police lights flashing behind you; I recommend that you do the following:

First, do not lie to the police.  Lying to the police is a crime and it gets you in more hot water.  It is better to say nothing than to lie.

Second, do not admit to anything.  You have a right not to incriminate yourself.  You are NOT smarter than the cop and you will not talk your way out of an arrest.

Third, never consent to the search of your car.  That little DUI investigation can soon blossom into an arrest for the transportation or possession of drugs that you forgot you had in the car with you.

Fourth, ask to call your lawyer.  Keep asking to call your lawyer. The police must allow you to make the call if it does not interfere with their investigation.

Fifth, refuse to do the field sobriety tests (FSTs), especially if you have ANY medical problem or if you have any issues with your balance.

Sixth, ask to speak to your lawyer before submitting to ANY blood, breath or urine test.  Generally, you should submit to this test or you can lose your license for one year.

Lastly, be polite.  It goes a long way with the police.

[Robert J. Campos is certified by the State Bar of Arizona as a criminal law specialist.  His analysis of the law is based on Arizona law and the United States Constitution.  This article is for general information only.]

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