Getting pulled over on suspicion of driving under the influence can be nerve-wracking, especially if you have a clean criminal record. As panicking as these situations can be, it is critical to remember your rights, as this could make a significant difference in your case. Many DUI cases have been won because a defendant exercised his or her rights, resulting in reduced or dropped charges.

A skilled Arizona DUI defense attorney can advise you of your rights, providing legal guidance and representation as you address serious charges. If you are stopped or detained for driving under the influence, you can contact a lawyer as soon as possible.

Reasonable Suspicion in Traffic Stops

In Arizona, police officers need to have reasonable suspicion to pull you over for driving under the influence. This essentially means that you cannot be stopped without clear, observable reasons to believe that you are drunk driving or have committed another offense. Swerving between lanes or going well below the speed limit may be seen as signs of intoxicated driving, or you could be pulled over for an offense such as running a red light.

The key element to reasonable suspicion is that it must be articulatable. You cannot be pulled over based on an officer’s gut feeling. You could argue that your Fourth Amendment rights were violated if you were stopped without reasonable suspicion. Any evidence secured from an illegal search can be dismissed in court, hurting the prosecution’s case against you.

Field Sobriety Tests

During a DUI traffic stop, the officer may ask you to perform specific tests to gauge your level of impairment. There are three federally recognized field sobriety tests that an officer can administer:

• A one-leg stand test as a measure of coordination
• A horizontal gaze test that can demonstrate how your eyes “jerk” while tracking a moving object
• A walk-and-turn test that measures your ability to follow simple verbal instructions

These tests are rarely administered in a controlled environment, and an officer may not consider pre-existing medical conditions, bad weather, or other variables. Remember that you are not legally obligated to perform any of these tests, and it may be in your ideal interests to refuse.

Your performance on these tests may be used against you in court as evidence of drunkenness. Your refusal to perform these tests could cause the officer to arrest you.

Answering Police Questions

After pulling you over, the officer might probe you with questions like “How much have you had to drink tonight?” or “Do you know why I pulled you over?” to gather information that could give them a reason to arrest you for DUI. 

You are not compelled to answer these questions. The only requests you must comply with at a traffic stop are to present your license and registration and to step out of the vehicle if asked. While speaking to the officer, remain polite and non-combative, but be ready to assert your rights not to incriminate yourself. Like refusing a field sobriety test, an officer could interpret your refusal to answer questions as an admission of guilt.

Roadside Breath Tests

During the traffic stop, the officer may ask you to blow into a portable breathalyzer that measures your blood alcohol content (BAC). If your results show more than .08 percent BAC, you could be arrested on the spot for driving under the influence. 

Several uncontrollable factors can skew roadside breathalyzer tests. Refusing a roadside breath test before you have been arrested is not illegal. Unless you are 100 percent confident that there are no traces of alcohol on your breath, there is very little reason to consent to a roadside breath test. If you are under the legal drinking age, you can be charged with DUI if you have any amount of alcohol in your system.

Legal Counsel

If you have been arrested on charges of drunk driving, you have the right to request an attorney. An experienced DUI defense lawyer can advise you during ongoing criminal proceedings and provide valuable legal counsel. If interrogated in police custody, your lawyer can speak on your behalf, helping protect your rights.

Having a lawyer at your side is critical to your defense. Your lawyer can strategize with you before your court date, helping you present a sympathetic image to the judge presiding over your case. A lawyer can also review the facts of your case to see if your rights were violated at any point during your arrest or detainment.

Chemical Tests

While you do not have to consent to roadside breath tests, you must legally submit to any blood or breath tests after being detained. This falls under Arizona’s implied consent laws, which state that anyone who operates a motor vehicle is permitted to have their blood alcohol content measured in their blood, breath, or urine while in police custody. 

Refusing the test while in custody will result in the automatic suspension of your license for one year. Even if you refuse, an officer can obtain a search warrant to perform a chemical test if probable cause suggests a crime was committed.

Evidence

The police are responsible for handling any evidence about your case, including the results of chemical tests. If a blood or breath testing device was not properly calibrated or maintained, your lawyer can argue to have the evidence against you thrown out.

Evidence can get lost between your initial arrest and your court date. If the prosecution cannot produce the evidence in court, it cannot be used against you. Your attorney can help you determine the ideal ways to address the evidence in your case while arguing for dismissal or seeking reduced charges.

Contact a Tucson, Arizona DUI Defense Attorney Today

Knowing your rights is half the battle in a DUI case. The other half is having a legal professional in your corner who can effectively advocate for those rights. A Pima County, AZ DUI defense lawyer can provide you with proper representation and counsel against any drunk driving charge. Your attorney is a crucial part of your defense, and you are much more likely to achieve positive results if you have a legal advocate on your side.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. DUI laws and legal procedures may vary, and the outcome of any case depends on specific facts and circumstances. If you are facing DUI charges in Arizona, consult a qualified attorney to discuss your legal rights and options. 

Published by Elle G.