If Arrested For DUI, Get Legal Representation Right Away
From the moment a police officer or deputy decides to follow your car for a possible DUI stop, evidence of guilt is being gathered against you. It's not reasonable to expect the officer to help your defense by focusing on the facts that favor your position. Your right to the advice of an attorney is your greatest and quite possibly your only source of protection from this point to the ultimate resolution of your case.
To take full advantage of your right to a lawyer's advice at various stages of the DUI arrest process, contact The Gillespie Law Firm in Phoenix for a free consultation. You can reach us any time, night or day, seven days a week.
Call 888-613-5322 for a Free Consultation With an Experienced Defense Lawyer
Most people are generally familiar with the Miranda warnings required by the U.S. Constitution. When questioning you while in custody, an officer must advise you of your right to remain silent, the possibility that any statements you make can be used against you, your right to have a lawyer present during any questioning, and your right to a court-appointed attorney if you can't afford your own counsel.
However, depending on the circumstances, you may not have the right to an attorney prior to arrest while the officer is asking you basic questions or asking to see your license and registration.
DUI cases have a way of proceeding very quickly from preliminary investigation to formal arrest, and the point at which you should have been advised of your right to an attorney's help can vary with the particular facts of the case. Exactly when you went from under investigation to being in custody is often a sharply disputed issue in a drunk driving case. Our experience with the development and presentation of defenses based on denial of the right to counsel can help you avoid the worst consequences of a DUI arrest and prosecution.
It's to the officer's advantage to keep you talking or performing field sobriety tests before placing you under arrest. This can allow the officer to develop after the fact evidence of a plausible reason for following your car or for making the arrest. Instead of helping the police establish its case against you, it's better to ask to make a phone call to a lawyer. Arizona law requires the officer to let you do so "as soon as is reasonably possible." If you have a cell phone with you, that could be very soon indeed.
Denial of the Right to Counsel Can Result in Dismissal of a DUI Charge
We have achieved the dismissal of many DUI cases based on the arresting officer's denial of the right to counsel after a proper request both before and after the formal arrest. To learn how our experience can help you out of a difficult situation, contact The Gillespie Law Firm in Phoenix for a free consultation.
