• 01
  • September
    2010

Getting pulled over for a DUI is never an ideal situation. That is especially so in Arizona, which has some of the toughest DUI laws in the country. Still, it is always good to know what to do if you get pulled over, regardless of whether you are legally driving while impaired.

From the minute you are pulled over, the police officer is looking for evidence. From this point on, you should aim to be courteous. While you might not be able to talk yourself out of a DUI charge (and you should not try), there is no reason to antagonize the police officer. Doing so may add to the list of charges you eventually face. There is nothing to be gained by being combative, petulant or belligerent.

No matter why a police officer stops your vehicle, once he notices something such as bloodshot eyes, slurred speech or the odor of alcohol, he will act under the belief that you are a drunk driver. Regardless of how you behave -- whether you pass any field sobriety tests or not -- you may well be charged with driving under the influence. There are, however, ways to increase your chances of lessening the punishment.

First, be wary of the field sobriety test. Regardless of what the police officer tells you, this is not your chance to prove your sobriety and drive away. Rather, the purpose of the test is to provide the officer with an opportunity to gather evidence of the extent of your impairment. With this in mind, it is within your legal rights to refuse to take the field sobriety test.

The officer may also ask you to take a breath test. There are two types of breath test: a preliminary breath test and an evidentiary breath test. The preliminary breath test is performed in the field with a hand-held device. In Arizona, except in rare circumstances, the preliminary breath test is only used as a tool to establish probable cause in order to convince a judge that your arrest was justified. It is again within your legal rights to refuse this test, with no legal ramifications.

The evidentiary breath test, on the other hand, is administered after your arrest. It is admissible in court, and while it can be refused, there are repercussions to doing so. In most instances, simply refusing to take this type of breath test is cause for the court to suspend your driver's license for one year. If you refuse to take an evidentiary breath test twice during a seven-year period, your license will be revoked for two years.

The key things to remember if pulled over are to be courteous, volunteer no information other than what is expressly asked, and even then, know your rights. Until you are under arrest, you are under no obligation to provide any incriminating information, and if you are arrested and read your rights, anything you say may be used as evidence against you.

DUI convictions can have serious consequences that may last for years. If you have been charged with a DUI it is crucial to promptly contact an attorney with a wealth of experience in defending these charges.