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Do You Know Your Arizona DUI Rights?

Just as in most other states in the U.S., driving under the influence in Arizona can land you in jail. For instance, in regards to alcohol, the state of Arizona requires persons operating personal vehicles to have a blood alcohol concentration (BAC) lower than 0.08%, while BAC levels for commercial vehicle drives should not exceed 0.04%. However, this does not mean that law enforcement authorities can violate your rights if you exceed the aforementioned BAC limits. However, if your DUI case ends up in court, you should have an experienced attorney such as Cid R. Kallen by your side. Read on to learn more about DUI in Arizona.

Answering Questions

You do not have to answer any questions if stopped by a police officer in relation to DUI offenses. The moment you start talking, you will have waived your Fifth Amendment right to remain silent and the arresting officer can use your words against you in a court of law. This does not mean that you should not be cooperative. The rule of thumb is to limit your conversation with the police officer to providing your name, address, and driver's license. Do not answer questions related to events leading to your traffic stop. Do not admit drinking alcohol or lie that you are not driving under the influence, but remain silent. Instead, ask to speak to your attorney immediately.

Do not Agree to Take any Eye or Coordination Tests

According to Arizona law, it is not mandatory for drivers to take eye or coordination tests if suspected of DUI. These include HGN eye test or Roadside Field Sobriety Tests. Do not argue or act in a confrontational manner, but decline politely when asked to take any of these tests.

Blood and Breath Tests

Although you can decline to take a breath or blood test, it is advisable to take the test voluntarily to avoid facing a lengthy license suspension. Refusal means law enforcement authorities can issue an immediate warrant for your blood test, as well as slap you with a mandatory one-year license suspension. What's more, by refusing to take a blood test voluntarily, you could end up with a criminal case to answer. However, you have the right to legal representation so long as locating your attorney does not delay the testing unnecessarily.

Independent Sample Tests

If you agree to take a blood and breath test, request the police officer to preserve your blood samples for independent testing. Such an approach can make a huge difference in your case if you hire Arizona DUI defense lawyers. This is because your lawyer can negotiate fines with the court based on the evidence produced in court. Remember that Arizona boasts of having some of the harshest DUI laws in the United States. For example, a second offense super extreme DUI conviction means spending six months in jail, mandatory 24-month ignition interlock device, driver's license revocation, and $2,500 fine plus 84% surcharge. It is advisable to request release from custody so that you can go for an independent blood test at a hospital of your choice. Although the hospital will bill you for the test, if the test results show that you were not drunk at the time of arrest, your Yuma DUI defense attorney would be more likely to win the case.

Know Your Rights, Contact Us Today

When stopped by a police officer who suspects that you are driving under the influence, you should invoke your Fifth Amendment right to remain silent. Remaining silent and requesting to consult your attorney are constitutional rights that you should use to protect yourself from answering questions. You can agree to take a blood or breath test after consulting your Kallen Law PLLC lawyer and asking the police to preserve the sample for independent testing. If you are looking for good Arizona DUI defense lawyers, call 928-783-8879 or fill out our Free Initial Phone Consultation form now.

"Cid Kallen is an upstanding member of our community who served our country honorably as a United States Marine." - Chad Campbell, former member of the Arizona legislature

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