Phoenix DUI Lawyer Blog

Eleven Things NOT To DO if Stopped for an Arizona DUI:

1. DO NOT get out of your vehicle or unlatch your seat belt until the officer gives you permission or requests that you do so.

2 DO NOT ever touch the police officer! It can be used as a reason to arrest you or charge you with felony flight or felony assault on a police officer.

3. DO NOT resist arrest, and do not refuse to cooperate. Resisting arrest by itself is a reason to arrest you.

4. DO NOT try to "explain" the situation to the police - any statements you make could be taken out of context or twisted around to be used against you. Your Arizona Defense Attorney will present your side of the story throughout the defense, through the proper legal channels.

5. DO NOT complain. Making a scene or threatening to file a complaint only makes the situation escalate and your words can be used against you. Never argue with the police or lose your temper. Remember, you have the right to remain silent - Use it!

6. DO NOT make any statements about leaving from a bar. Do not admit drinking alcohol even if your last drink was hours ago.

7. DO NOT make any statements about smoking marijuana or taking illegal, legal or valid prescription drugs; even if the last time you did was hours, days or weeks ago.

8. DO NOT give your consent for any searches. However, the police may have the legal right to search post arrest or after obtaining a valid warrant.

9. DO NOT do any roadside balance or eye tests. Arizona DUI laws state that you are not required to perform these tests. However, if you do not, you should also know there is a chance you may be immediately arrested on the spot, and your refusal could be used against you at trial. Therefore, this is not a blanket rule and should be decided based on your individual situation. Think carefully about your choice.

10. DO NOT submit to a breath, blood, or urine test until after you have requested to call an attorney. However, do not delay submitting to the request. Any delay could be considered a refusal and cause the police to get a warrant and you would get a revoked drivers' license for one year.

11. DO NOT delay hiring an experienced Arizona DUI defense Attorney. While you do delay, the police and prosecution are building their case against you. You want your AZ DUI Defense Lawyer to begin fighting for you immediately, contacting the prosecution, examining evidence and building your defense.

These "DO NOT" items are general information intended as guides only. They may apply to most, but not all situations. Some of the Top criminal defense attorneys in Arizona have different perspectives or opinions on these items relating to being stopped or arrested for an Arizona DUI. Ultimately the decisions are yours to make based on the circumstances of your own situation.