Should I Speak to the Police
As to all cases... should you speak to the police: NO! NO! NO!
You have a constitutional right to remain silent. USE IT! Often, the one thing that hurts a defendant's case the most case is his statement to police made without the benefit of consulting a lawyer first.
Don’t ever try and talk your way out of a situation. Even if you are polite, courteous, and truthful it can still be held against you. Frequently, the police already know certain facts that they will withhold to trick you into incriminating yourself by making a statement. Court decisions have held that police may lie to a suspect in an interrogation.
Your answers to even routine questions may prove damaging. For example, in a DUI stop, your response as to the last time you ate could be damaging to you at trial. Your response to the officer’s question “On a scale of 1 to 10, how impaired are you?” may prove fatal at trial. (In Arizona, impairment to the slightest degree is sufficient for conviction. Thus, an answer of “1” may get you convicted).
SHOULD I TAKE FIELD SOBRIETY TEST
Simply stated: NO!
These tests normally include the walk and turn, finger to nose, one leg stand, and the Horizontal Gaze Nystagmus (HGN). There is no requirement to submit to any field sobriety test. Unfortunately the officers are not required to advise you of this. This is not the breath or blood test.
SHOULD I TAKE A BREATH, BLOOD OR URINE TEST
If the officer has a reasonable basis to suspect drugs or alcohol in your body, the officer has the right pursuant to law to require you to submit to a test or tests of the officer's choice. This test is called the "implied consent." If the test shows your blood alcohol concentration (BAC) over 0.08, your license will be suspended for 90 days. You may be eligible for a restricted license for work purposes after the first 30 days of no driving. If you refuse the test, you may be subjected to a blood draw based on a search warrant AND your license will be suspended for one year (called the admin per se suspension).
WHAT ARE THE LEGAL LIMITS IN ARIZONA?
Arizona recently lowered the blood alcohol limits for driving while under the influence as well as extreme driving under the influence. The limits are now .08 and .15 respectively. These lower limits mean that less alcohol will place you over the limit and subject you to mandatory penalties if convicted.
WHAT ARE THE PENALTIES FOR D.U.I.?
The penalties for a D.U.I. vary depending upon your prior history, and the circumstances surrounding your particular case. Arizona law requires a minimum sentence in all D.U.I. cases.  First D.U.I. Conviction The minimum penalty is 10 days in jail, 9 days can be suspended upon successful completion of alcohol screening and recommended treatment, and a fine of $250.00 plus a 80% surcharge. Additionally, your driver's license will be suspended for 90 days.
Second D.U.I. Conviction ( within 5 years of first conviction) the minimum penalty is 90 days in jail, 60 suspended upon successful completion of alcohol screening and treatment, and a $500.00 fine plus a 80% surcharge. Additionally, Motor Vehicle will revoke your license for 1 year.
Extreme D.U.I. The minimum penalty is 30 days in jail, 20 days can be suspended upon successful completion of alcohol screening and treatment, a $500.00 fine plus a 80% surcharge, and a $250.00 abatement fee. An ignition interlock device must be installed on your vehicle at your expense for a period of one year.
Aggravated/Felony D.U.I.- The minimum penalty is 4 months in the Department of Corrections (Yes, this means state prison). If you go to prison, you cannot participate in a work furlough program; all of your time must be served in prison. Additionally, your license will be revoked for three years.
WHAT WILL HAPPEN TO MY DRIVER'S LICENSE IF I AM CHARGED WITH D.U.I.?
If your alcohol reading is above .08, Motor Vehicle will suspend your license for 90 days. If eligible, after the first 30 days of suspension, a restricted license for work purposes may be issued. The license suspension occurs regardless of whether or not you have been convicted of a D.U.I. If you refuse to comply with a police officer's request to take an alcohol test your driver's license will be revoked for one year. This will also happen regardless of whether or not you have been convicted of D.U.I.
If a hearing is requested with the Motor Vehicle within 15 days after receiving a D.U.I. citation, the suspension will be stayed, or stopped, until the hearing takes place.
WHAT DO I DO IF I AM PULLED OVER FOR D.U.I.?
Do not answer questions. You have a constitutional right to remain silent. Call us, we are available 24 hours a day.
Do not agree to take field sobriety test (including the eye test- otherwise known as the Horizontal Gaze Nystagmus). There is no consequence for refusing this test.
Do not agree to take a breath, blood or urine test prior to speaking with an attorney. If you cannot contact an attorney it may be wise to consent to the test, as Arizona Law requires you do so, or your driver's license will be revoked for one year. |
