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What Do You Do If You Think You’re Being Pulled Over For DUI?

What Do You Do If You Think You’re Being Pulled Over For DUI?

It’s Saturday night and you’re driving home after a night out with your friends. Suddenly you see the flashing red and blue lights of a Phoenix police car right behind you. You’re being pulled over! You had a few drinks tonight, but you’re sure you’re not drunk . . . at least you think you’re not drunk. Your heart is racing as you pull over.  You’re petrified that you’re going to get a DUI.

Now is not the time to panic.

Now is the time to know your rights.

What Information Do I Have To Give Police?

When you’re pulled over by the police in Arizona, you must provide your driver license, registration, and proof of insurance.

Do I Have To Answer Their Questions?

No. In Arizona, you are not required to speak to the police beyond providing your true legal name.

Do I Have To Take A Sobriety Test?

When you operate a motor vehicle in Arizona, you consent to law enforcement testing your blood, breath, or urine for its drug or alcohol content if they suspect you’re driving under the influence. If you refuse to take this test, your driver license will be suspended for at least 1 year, regardless of whether you have drugs or alcohol in your system. You do not have to take the field sobriety test (i.e., walk on a straight line).

Should I Ask For An Attorney?

Yes. As soon as the police read you your Miranda rights, tell them that you want to exercise your right to remain silent and that you want an attorney. The police must stop questioning you immediately and not question you again until you’ve met with an attorney or until you tell them you want to talk.

What Should I Do After the Police Test Me For Alcohol and Drugs?

If you’ve been charged with a DUI and released, go immediately to a lab for an independent test on your blood alcohol or drug level.

If There Are No Drugs or Alcohol In My System, I Won’t Get A Ticket, Right?

Not necessarily.  The police in Arizona have to have a reason for pulling you over. You may not get a ticket for drunk driving, but you might get a traffic ticket for a different offense. The penalty probably won’t be as bad as getting a DUI though.