From the moment you are pulled over, the Officer is noting everything you say and do as evidence in the case against you. According to legal experts you should:
Stay in your car and leave your seatbelt on unless the officer asks you to step out.
Note: How easily you find your driver’s license, registration and insurance will be noted on the officer’s report.
You are allowed to politely refuse to take field tests. There is no law requiring you to do these tests.
Field tests are evidence that can be used against you.
The officer may tell you they will take you to jail if you don’t do the tests, but the officer is going to take you to jail anyway.
If asked to take a breath, blood or urine test you should do so, but you should request a private consult with an attorney before doing so.
Under Arizona “Implied Consent Law,” when your driver’s license was issued, you agreed to take such a test if ever pulled over. If you don’t take a breath, blood or urine test, your license will be suspended for a minimum of one year regardless the legal outcome of your DUI.
You do not have to agree to a search of your car. You have the right to say no, and you do not need to explain why.
Remember your words can be used against you in the case.
If the officer has enough reason to search the car, they will secure a warrant.
Usually, the search question is veiled and phrased like:
You don’t have a problem with me looking in your car?
You don’t mind if I look in your car, do you?
I’m just going to take a quick look inside, okay?
You can politely refuse to answer questions.
Usually, the officer will ask you a few questions about what you’ve had to drink.
A simple response of, “I can only answer your questions on the advice of my attorney,” can go a long way in the outcome of your case. You don’t have to call an attorney right then. That simple statement effectively stops any questioning by invoking your constitutional rights.
Even when the officer reads Miranda rights to you, your answer should be the same.
After the officer is done with the street investigation, you will most likely be taken to the station or to a testing site. After completing the test(S), the officer may give you a form asking whether you want to preserve a sample of your test or waive a sample. Always ask that a sample be preserved.
As soon as the police have administered the tests, immediately make a clear request for the opportunity to obtain an independent blood draw.
Your attorney can explain the benefits of this simple request as they can be huge! Find an attorney.
In Arizona, depending on the DUI, you may be eligible for a Special Ignition Interlock Restricted Driver License (SIIRDL) which will allow you to drive to and from work, school and treatment during your License Suspension or Revocation.
Contact AZ – MVD to verify your eligibility before taking any action involved with a SIIRDL such as installing an interlock, arranging insurance or driving.
You may apply 45 days into your suspension or revocation.
Before you apply, you must have your screening and counselling completed and have an Ignition Interlock installed on your vehicle.
Note: A SIIRDL is not a requirement and is not credited toward any other Ignition Interlock Court Order required to get your unrestricted driver license back.
Knowing the who, what, when and whys of your DUI penalities will make your process much better.
With your DUI, timing is everything.
Starting a penalty too early or too late will cause issues and cost you valuable time and money.
Selecting the right providers for you will reduce mishaps and allow smoother procedures with your DUI.
Understanding the cost of all penalties, in advance, and securing funding many help you stay on track to complete the requirements as quickly and affordably as possible.
Most providers of penalty services offer significant discounts for full payment in advance rather than monthly payments. You may want to finance your costs to save money complete the penalties as quickly as possible.
The legal and motor vehicle systems administering the various penalties come from different governing bodies and they don’t always align properly or communicate with one another. Keep notes and timelines for yourself.
Studies show if you complete your DUI penalties, you only have an 8% likelihood of ever getting another DUI. Those who do not complete the penalties you have a 28% likelihood of getting another DUI.
You are 3.5 times less likely to get another DUI by completing your penalties on time.
By completing penalties on time, you may be eligible to set-aside or expunge a DUI conviction in the future.