A common question I get from friends, family, and even the random Walgreens clerk who asks why I’m wearing a suit is: “What do I do if I get pulled over for DUI?” If you find yourself facing a DUI stop in Arizona, it’s essential to know how to protect your rights while remaining respectful and cooperative. I’m here to offer a straightforward guide on how to exercise your constitutional rights effectively during such a stop.
1. Invoke Your Right to Remain Silent
One of your most fundamental rights is the Fifth Amendment right against self-incrimination. When an officer asks questions about how much you’ve had to drink, you’re not obligated to answer. A simple, “I’d prefer not to answer that question,” or “I’d like to exercise my right to remain silent,” is perfectly acceptable. I commonly tell people to blame me, by saying “my lawyer is a jerk and he would be mad at me if I answered your questions.” It’s important to remember that you don’t have to provide any information that could be used against you in court.
2. Field Sobriety Tests: Know Your Rights
Field sobriety tests, such as walking a line heel-to-toe without using your arms for balance, standing on one leg without swaying, or tracking an object with your eyes (which is not actually what the officer is checking for on that test), can be tricky to perform even for people who are dead sober. Our Court of Appeals has ruled that individuals are legally required to perform the field sobriety tests when requested by officers, but that you do have the power to refuse them. Confusing, right? What this means is that refusing to perform these tests could be held against you, based on the theory that it shows a “consciousness of guilt.” One way to handle this conundrum is to ask to call your attorney once you are under investigation. Then you can tell the officer “I will take the tests once my attorney is here to witness them.” This request opens the door to a number of legal arguments that I can later make in court while defending you, whether you end up taking the tests or not.
3. Request Legal Representation
If you’re asked to take a breathalyzer or blood test, you absolutely have the right to consult with an attorney first. You can say, “I’d like to speak with my lawyer before deciding whether to take the test.” This request can help ensure you’re making an informed decision and that your rights are protected. In most circumstances, my advice would be to consent to a blood test or breath test IF it is one that is required by law (this avoids a longer driver’s license suspension imposed by the Arizona Department of Transportation), however, every case is different, so ask to speak to a lawyer when confronted with this decision.
4. Searches of Your Vehicle
Under the Fourth Amendment, you have protection against unreasonable searches and seizures. If an officer asks to search your vehicle, you can ask if they have a warrant. If they don’t, you can politely refuse the search. Simply state, “I would prefer that you do not search my vehicle without a warrant.” This helps protect your privacy and ensures that any evidence found is obtained legally.
5. Handling the Situation at the Station
If you’re taken to the police station, it’s important to stay calm and cooperative. You can still exercise your right to remain silent and request an attorney if you haven’t done so already. It’s best to keep any conversation with law enforcement to a minimum. This will reduce the risk of the officer claiming your speech was slurred, slow, or confused.
6. Taking DUI Charges Seriously
While it’s important to protect your rights, it’s equally important to take DUI charges seriously. The consequences can be significant, including fines, license suspension, and jail time. As soon as you can, document what happened during your traffic stop so that you can relay that information to me when we meet. This will ensure you do not forget any crucial details which may affect your case and my defense strategy.
Conclusion
Understanding and exercising your constitutional rights during a DUI stop can make a significant difference in your case. Remember to be respectful to the officer(s) but firm in your answers such as “I’m not answering questions,” “I’m not performing the tests without my attorney here,” and “I want to speak to a lawyer.”
Drive safely, and if you find yourself in need of legal assistance, don’t hesitate to reach to schedule a free consultation with us.
About the author:
Ryan Huffman is a trial lawyer with a background in defending clients accused of crimes. As a Partner in St. Louis & Huffman, he represents individuals accused of DUIs, misdemeanors and felony offenses at courts in Tucson, Pima County and throughout Arizona.
Ryan set an office record for the most trial wins in the shortest period of time by winning three DUI jury trials in a row in an eight-week period – not guilty verdicts across the board in all three trials, which included a reported blood alcohol concentration as high as .213. Ryan takes pride in finding ways to win difficult DUI cases – whether that be through pretrial motion practice or trying a case in front of a jury. Ryan is adept at explaining issues in DUI cases to judges and juries alike in pursuit of favorable results for his clients.