DON'T ever drink and drive under any circumstances!! However, if you find you have alcohol on your breath and you are stopped by a police officer the following may prove helpful:
Pull Over – Calmly, Safely, and Without Delay.
One of the very first things police officers look to is your judgment in choosing an appropriate place to pull over, and how well you negotiate your stop. Don’t be nervous, stay calm, and try to relax. Whatever you do, don't stop in traffic, keep driving ahead until you find a safe place, then signal and slow to a stop. It is important to try to pull over as soon a practical. If you take to long to pull over, the police will likely testify that you were out of it and didn't even notice him because you had too much too drink.
Shut Your Mouth!
You don’t have speak more than required! You must tell police officer your name and provide the appropriate documents such as your license, registration and insurance information. But police officers will always ask you whether you've been drinking, what you drank, how much, when, etc. You have NO OBLIGATION to answer any of these questions, in fact you generally shouldn’t answer these questions. In all cases be polite. Politely tell him, "I've been counseled to never answer these sorts of questions and I don't wish to do so." The answers you give will almost always hurt, not help, your situation. Keep in mind that your breath will have an odor which will be very apparent when speaking. Finally, don’t give in to repeated attempts by officers to get you to answer them. Don’t ask for an attorney at this point.
Refuse All Field Sobriety Tests.
Although officers usually refrain from informing you that you have a right to refuse to take field sobriety tests, you do! The general rule is that you should always politely refuse to take them. The field sobriety tests usually only hurt your DUI case. In DUI reports, the officers tend to exaggerate your every mistake and while overlooking all that you do correctly. Officers may paint you as having failed the tests even if you performed them reasonably well. Officers generally expect you to perform them perfectly, a task many completely sober people can't even achieve!
Refuse the Preliminary Breath Test (PBT) Test.
The PBT is a small handheld device police officers may ask you to blow into right at the scene of the DUI traffic stop. Generally, you should refuse it. The DUI PBT devise is completely untrustworthy. It often gives extremely high false readings that the prosecutor will try to use against you in court. It is so unreliable, the prosecution cannot use its results in court. However, in some cases officers will let a DUI suspect go if the result reads a low BAC.
Request to Speak to an Attorney immediately!
The police officer must give you a reasonable opportunity to talk to an attorney. Make sure the officer notes in his report that you requested the chance to speak with an attorney.
Take Chemical Test AFTER Arrest (Breath, Blood, or Urine)
IF the officer arrests you for DUI, he/she will make you take a chemical test of his/her choosing. DON’T refuse to take this test, it may have some adverse and severe consequences under Arizona's implied consent law.
NEVER say any of the following to the police officer at any time during the stop:
"I'm too drunk to take the field sobriety tests"
"I couldn't even do these tests if I was sober"
"I hate cops"
"You pigs are all alike"
"Just go ahead and arrest me"
"Don’t you have anything better to do?"
"I know the process; this isn't my first one ya know"
"If I wasn't drunk, there would have been no way you would have caught me"
"What will it cost me for you to just forget you ever even pulled me over?"
Write it all down ASAP!
Your DUI defense attorney will need to establish a detailed timeline of everything you did in the hours prior to your DUI arrest: what you drank, where, with whom, when, etc. It is best to write down this information ASAP, while it's still fresh in your mind. Additionally, save any receipts from purchases of food and alcohol, and make a list of any witnesses who were with you up until the arrest.
Be Polite, Courteous, and Cooperative.
Yes, although we advise you not to answer certain questions, not to take the field sobriety tests and not to take the PBT test, it is extremely important that you are polite, courteous and cooperative at all times in your speech and attitude towards the police officers. Be polite even if the police don't show you the same respect. Remember, the police have enormous discretion out there. They can simply let you go if they choose. They can let you call someone to come pick you up. If they do arrest you for DUI, they can leave your car at the scene, rather than towing it. They can go easy on you in the DUI report. As a general rule of thumb you should always try to make a friend out of the officer as much as possible.
Don’t Listen to Your Idiot Friends!
Call us immediately! We have experience and training to help you. Don’t rely on the misinformation of your friends, every DUI arrest merits the advise of an experienced DUI attorney to mitigate or eliminate the damage resulting from your arrest. Call us today for a free case evaluation.
Cities we service: AGUILA, AJO, ALPINE, AMADO, APACHE JUNCTION, ARIVACA, ARLINGTON, ASH FORK, AVONDALE-GOODYEAR, BAGDAD, BELLEMONT, BENSON, BISBEE, BLACK CANYON CITY, BLUE, BLUE GAP, BOUSE, BOWIE, BUCKEYE, BULLHEAD CITY, BYLAS, CAMERON, CAMP VERDE, CASA GRANDE, CASHION, CAVE CREEK, CENTRAL, CHAMBERS, CHANDLER, CHINLE, CHINO VALLEY, CHLORIDE, CIBECUE, CLARKDALE, CLAY SPRINGS, CLAYPOOL, CLIFTON, COCHISE, COLORADO CITY, CONCHO, CONGRESS, COOLIDGE, CORNVILLE, CORTARO, COTTONWOOD, CROWN KING, DENNEHOTSO, DEWEY, DOUGLAS, DRAGOON, DUNCAN, EAGAR, EHRENBERG, EL MIRAGE, ELFRIDA, ELGIN, ELOY, FLAGSTAFF, FLORENCE, FOREST LAKES, FORT APACHE, FORT DEFIANCE, FORT HUACHUCA, FORT MCDOWELL, FORT MOHAVE, FORT THOMAS, FREDONIA, GADSDEN, GANADO, GILA BEND, GILBERT, GLENDALE, GLOBE, GOLDEN VALLEY, GRAND CANYON, GRAY MOUNTAIN, GREEN VALLEY, GREER, HACKBERRY, HAPPY JACK, HAYDEN, HEBER, HEREFORD, HIGLEY, HOLBROOK, HOTEVILLA, HOUCK, HUACHUCA CITY, HUALAPAI, HUMBOLDT, INDIAN WELLS, IRON SPRINGS, JEROME, JOSEPH CITY, KAYENTA, KEAMS CANYON, KEARNY, KINGMAN, KIRKLAND, KYKOTSMOVI VILLAGE, LAKE HAVASU CITY, LAKE MONTEZUMA, LAKESIDE, LAVEEN, LEUPP, LITCHFIELD PARK, LITTLEFIELD, LUKACHUKAI, LUKE A F B, LUKEVILLE, LUPTON, MAMMOTH, MANY FARMS, MARANA, MARICOPA, MARINE CORPS AIR STA, MAYER, MC NARY, MC NEAL, MESA, MIAMI, MOHAVE VALLEY, MORENCI, MORMON LAKE, MORRISTOWN, MOUNT LEMMON, MUNDS PARK, NACO, NAVAJO, NAZLINI, NOGALES, NORTH RIM, NUTRIOSO, OATMAN, ORACLE, OVERGAARD, PAGE, PALO VERDE, PARKER, PARKS, PATAGONIA, PAULDEN, PAYSON, PEACH SPRINGS, PEARCE, PEORIA, PERIDOT, PETRIFIED FOREST NAT, PHOENIX, PICACHO, PIMA, PINE, PINEDALE, PINETOP, PINON, PIRTLEVILLE, POLACCA, POMERENE, PRESCOTT, PRESCOTT VALLEY, QUARTZSITE, QUEEN CREEK, RED ROCK, RED VALLEY, RILLITO, RIMROCK, RIO RICO, RIO VERDE, RIVIERA, ROCK POINT, ROOSEVELT, ROUND ROCK, SACATON, SAFFORD, SAHUARITA, SAINT DAVID, SAINT JOHNS, SAINT MICHAELS, SALOME, SAN CARLOS, SAN LUIS, SAN MANUEL, SAN SIMON, SANDERS, SASABE, SAWMILL, SCOTTSDALE, SECOND MESA, SEDONA, SELIGMAN, SELLS, SHOW LOW, SIERRA VISTA, SKULL VALLEY, SNOWFLAKE, SOLOMON, SOMERTON, SONOITA, SPRINGERVILLE, STANFIELD, SUN CITY, SUN CITY WEST, SUN VALLEY, SUPAI, SUPERIOR, SURPRISE, TACNA, TAYLOR, TEEC NOS POS, TEMPE, TEMPLE BAR MARINA, THATCHER, TOLLESON, TOMBSTONE, TONALEA, TONOPAH, TONTO BASIN, TOPAWA, TOPOCK, TSAILE, TUBA CITY, TUBAC, TUCSON, TUMACACORI, VAIL, VALENTINE, VALLEY FARMS, VERNON, WADDELL, WELLTON, WENDEN, WHIPPLE, WHITE MOUNTAIN LAKE, WHITERIVER, WICKENBURG, WIKIEUP, WILLCOX, WILLIAMS, WINDOW ROCK, WINKELMAN, WINSLOW, WITTMANN, WOODRUFF, YARNELL, YOUNG, YOUNGTOWN, YUCCA, YUMA
Counties we service: APACHE, COCHISE, COCONINO, GILA, GRAHAM, GREENLEE, LA PAZ, MARICOPA, MOHAVE, NAVAJO, PIMA, PINAL, SANTA CRUZ, YAVAPAI, YUMA
