Phoenix Drunk Driving Legal Rights

Under Arizona DUI law and the Constitution, every person has legal rights. As with all criminal cases, those legal rights are numerous and are set forth below. Because the DUI law penalties are so severe, it is extremely important that a person is aware of his or her DUI rights.

The Right to Remain Silent

If you are stopped by the police or are under criminal investigation, you have the right to remain silent. Once you are stopped, give the police officer your driver's license, registration, and proof of insurance; however, do not answer any other questions or admit anything. If you begin talking, it may hurt your case and could be a waiver of your rights. Resist answering questions despite repeated efforts by the police officers.

The Right to Refuse Field Sobriety Tests

If you are suspected of DUI and stopped, a police officer will most likely request you to submit to field sobriety tests or an HGN eye test. The HGN eye test is when the police officer uses a small light and asks you to follow the light from side to side. However, it should also be noted that Arizona DUI law does not require any person to submit to these tests. Since these tests can be very inaccurate and extremely subjective, it is advisable that you respectfully and politely decline these tests.

The Right to Speak with an Attorney

Immediately upon arrest you should ask to speak with an attorney. If speaking with an attorney does not unreasonably delay the testing, you may consult with an attorney before you choose to submit to any chemical test. These tests may include the blood alcohol test or Breathalyzer.

The Right to Request Independent Samples

Following the administration of a blood or breath test, you should request the police officers to preserve a sample for independent testing. Depending upon the method administered, they may or may not be required to provide you with an independent sample.

Contact Us

If you have been charged with DUI or DWI, please contact our DUI and DWI Lawyers for a free, personal, and confidential consultation. We offer quality and aggressive defense with affordable attorney's fees. You can contact the Law Offices of Michael Cordova at 602-265-6700.

Our attorneys not only work on DUI and DWI cases but in other criminal defense and DUI areas, as well as Personal Injury, auto accidents, Wrongful Death, dog bites, motorcycle accidents, and product and premises liability, so please contact your local Phoenix attorneys for a free consultation.

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