Have your driver’s license, registration and proof of insurance ready for the officer. When the officer begins to question you, inform the officer that you would like to remain silent and would like to speak with an attorney. Do not argue or be disrespectful to the officer. The officer is unlikely to let you speak with an attorney on the scene, but is required to let you speak with one as soon as reasonably possible.
No. You have no legal obligation to take a field sobriety test. Instead, politely refuse and ask to speak with your attorney. It is improper for the officer to arrest or threaten to arrest you for refusing to take a field sobriety test. If the officer does this, let us know immediately as this may be grounds to have your case dismissed. Common field sobriety tests include: walking a straight line; touching your nose; standing on one foot; and following the officer’s pen light with your eyes.
No. The time to prove your innocence is at trial not when you are dealing with the officer. There are many reasons you might perform poorly on a field sobriety test that have nothing to do with being intoxicated. The purpose of the field sobriety test is to gather evidence to use against you at trial, not to prove you are innocent. If you do not submit to the field sobriety test that is one less piece of evidence the state will have to use against you. The sad truth is, some officers already make up their minds when they pull you over that they will be arresting you for DUI. Because you do not know which officers are fair-minded, the safest bet is to refuse a field sobriety test.
Often an officer will have a small breathalyzer in the squad car and will ask you if you are willing to blow into it to “prove” you are sober. Ask the officer if you are under arrest, if the officer says no, then politely refuse. You are under no obligation to take any breathalyzer or other chemical test if you are not under arrest. If you are under arrest it is up to you whether you feel it is in your best interests to submit to these tests. In most cases, it is in your best interests to do so. This is because: failure to do so will result in the MVD suspending your license for twelve months even if you are ultimately found not guilty of DUI; the fact you refused the test can be used against you in Court; and the police will most likely obtain a search warrant and force you to submit to a chemical test. Regardless, you should ask to speak with an attorney before you decide whether or not to submit to a chemical test.
If you are convicted of: 1) a regular DUI (BAC less than 0.15) you will be facing one to ten days in jail; 2) an extreme DUI/DWI (BAC between 0.15 and 0.20) you will be facing a minimum of 30 days in jail; 3) a super extreme DUI/DWI (BAC of 0.20 or higher) you will be facing a minimum of 45 days in jail. If you have previously been convicted of a DUI these penalties will increase to 90 days; 120 days and 180 days respectively. If convicted of Aggravated DUI you could spend anywhere from four (4) months to three and three quarters (3.75) years in prison. In addition to jail time, you can expect to pay a $2,500.00 in fines and be required to install and maintain an ignition interlock device in your vehicle, which may cost up to $1,500.00.
Unfortunately, you cannot just put your DUI behind you by pleading guilty. The repercussions of being convicted of DUI will stay with you long after you plead guilty. This can include jail time, loss of job, thousands of dollars fees and fines, an ignition interlock devise installed at your expense, increased insurance premiums and a 90 day suspension of driving privileges, just to name a few. Like it or not, if you are accused of DUI you have a major problem on your hands. The Law Offices knows how to deal with these issues and will help you lessen the inconvenience and damage to your life. The quickest way to put your DUI behind you is to hire competent legal counsel.
Yes. Often times, individuals that have a BAC less than 0.08 go to Court hoping to resolve their matter and are stunned to learn that they are still being charged with a DUI. This occurs because Arizona has no true cutoff for intoxication while driving. Instead, Arizona has presumptions, for example: a BAC less than 0.05 creates only a presumption that you are not intoxicated; a BAC of .08 or higher creates a presumption you are intoxicated; and a BAC between 0.05 and 0.08 creates no presumption either way. Because these are only presumptions, additional evidence is necessary to prove your guilt or innocence. This is why it is so important to hire an attorney even if your BAC is less than 0.08.
No, this is not true. There are many defenses The Law Offices can raise on your behalf and many tactics for getting the state’s evidence thrown out of Court. Some common defenses are listed below, but only after your free consultation with The Law Offices can we advise you as to which defense may be effective in your case.
- The officer lacked reasonable suspicion to pull you over;
- The officer lacked probable cause to arrest you;
- The field sobriety test was administered incorrectly or there were alternative explanations as to why you performed poorly.
- Problems with the way the blood or breath test was administered;
- Denial of your due process rights, right to an attorney or Miranda rights.
- Inconsistencies in the arresting officer’s version of the arrest.
- Expert testimony to refute the reliability of BAC tests.