What will you do if you are asked by a police officer to pull over on suspicion that you are driving while intoxicated? Even if you have the tempe dui lawyer solution to represent you on the complex legal proceedings, you need to understand your rights as a citizen of the United States. First of all, DUI laws in Arizona are considered as one of the toughest and it makes sense not to drive when you have had more than a few drinks. Even if you think that your alcohol tolerance is quite high and you do not just get impaired, your BAC can be the basis for conviction.
The implied consent law
Arizona has an implied consent law wherein you can refuse to take a chemical test if you are arrested for drunk driving. The implied consent law means that a police officer has reasonable grounds to believe that you are driving while on the influence of alcohol or drugs and you have to give your consent so that your blood alcohol concentration can be measured through your urine, breath or blood. If you refuse the chemical test, your driver’s license can be suspended for 12 months for the first offense. You have a right to change your mind but make sure you have talked over all your options with a DUI lawyer.
Know your rights when being arrested for DUI
When you are asked by the police officer to pull over on the side of the road, it does not mean that you are in custody; however, you are not free to go until the officer tells you to do so. Since you are not in custody, the police officer can ask you questions like whether you have been drinking and how many bottles of alcohol you have consumed. If you answer the questions, you will be incriminating yourself and you are giving the police officer the reason to arrest you. It is your right to remain silent and not incriminate yourself but do so politely. You don’t gain anything by being belligerent. You can refuse to answer questions but you have to show your driver’s license and proof of insurance. You can give them your personal information if required but do not reply to drinking questions.
Field sobriety tests
If you are under suspicion for drunk driving, the police officer may require you to undergo the field sobriety tests which you can politely refuse. Do you think you can pass the field sobriety test when you are on the side of the road with cars whizzing by and drivers wondering what traffic violation you are being arrested for? Even if you are sober you will be too stressed and intimidated by the presence of the police officers to pass the test. Since the field sobriety test is subjective, request the police officers that you would rather be taken to the police station and undergo chemical testing which is more objective and accurate. Hopefully without your admission of drinking and the lack of probable reason to arrest you without the field sobriety test results, a DUI lawyer can work to have your case dismissed.