29 C
New York
Thursday, July 18, 2024

How to handle a DUI arrest in Arizona

Things You Should Do:

  • Open your window, but only enough to provide your license, registration, and insurance documents.
  • Turn off the ignition.
  • Keep your hands in plain view of the officer.
  • Tell your passengers to keep quiet and keep their hands in plain view of the officer.
  • Show your driver’s license, registration, and proof of insurance if the police request them.
  • Remain business-like and polite.
  • Insist that you want to consult your attorney in response to every other request by police.

 

Things You Should NOT Do:

  • Do not admit to anything; anything you say can and will be used against you; respond only that, “I want my attorney, and I invoke my right to remain silent.”
  • Do not answer questions about where you were or where you were going; respond only that, “I want my attorney, and I invoke my right to remain silent.”
  • Do not answer questions about what you had to eat or drink; respond only that, “I want my attorney, and I invoke my right to remain silent.”
  • Do not consent to any searches; Politely tell the police, “I do not consent to be searched.”
  • Do not try to stop police if they try to search your car or possessions without consent; If you attempt to intercede physically, you might be injured and find yourself charged with disorderly conduct, assault, or other crimes.

 

Refuse the Field Sobriety Test

Police may ask you to submit to a field sobriety test (FST). Their request may seem like a command. You should refuse. There are several reasons for this. FSTs are inherently subjective and could be used to support a mistaken accusation of being intoxicated. It is possible to fail an FST for several reasons that have nothing to do with whether or not you have alcohol in your system.

Poor performance on an FST could be due to stress, fatigue, or health conditions. The officer’s goal in administering an FST is to gather evidence against you. If police suspect you are inebriated, they will use the FST to confirm what they already believe to be true. If they already think you are DUI, police will arrest you, whether you submit to the FST or not. If they don’t have enough to arrest you for DUI, submitting to the FST may give them enough evidence to support the arrest.

 

Police officer giving a roadside sobriety test to a drunk driver.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest Articles