I was drinking and I’ve been pulled over for a DUI in Arizona
– what do I do now?
Any Arizona DUI conviction can mean jail time for you and possibly a felony conviction on your record. The State of Arizona is known for taking pride in having some of the toughest DUI laws in the country.
Do you know your Arizona DUI rights? Although every criminal Arizona DUI defense case is different in some way, the outcome is based on the specific facts and circumstances surrounding the DUI charges. The following tips may assist you should you be pulled over and possibly charged with DUI:
Tips To Follow BEFORE You Get Charged With An Arizona DUI
- When speaking with the police officer, remain polite, cooperative and produce any documents requested.
- If asked any questions about drinking, do not answer.
- Do not agree to any requested roadside tests.
- Do not agree to any requests to test your eyes.
- Do not agree to any requests to perform a Breathalyzer test.
- If the police officer asks you any questions, do not answer any of the questions until you are placed under arrest.
- Once arrested, request that you be allowed to contact your attorney immediately.
- Ensure that you request your privacy when speaking with your attorney.
- Remember, you have the right to remain silent.
- If you have been arrested for a DUI and the police officer reads you the Implied Consent form, ensure that you agree to either the breath or blood test requested to alleviate the possibility of a twelve month suspension of your driver’s license for failure to comply.
- Request an immediate release to obtain an independent blood test.
Answers to Commonly Asked Questions Regarding DUI
Q: Do I have to answer any questions that the police officer might ask me?
A: No. You do not have to answer any questions as any statements you make could be used against you.
Q: If I am asked to participate in the eye test on the side of the road, can I refuse to do so?
A: Yes. You have the right to refuse to participate in the eye test, known as the HGN test, as requested by the officer, and any other roadside test including the portable breath test.
Q: If requested by the police officer, do I have to agree to complete the breath test?
A: No. But once you are arrested, the Arizona Implied Consent Law provides a refusal of a test after arrest can result in a twelve month driver’s license suspension.
FACTS REGARDING MEDICAL MARIJUANA
“You don’t necessarily have to be high to get a DUI.”
Under current Arizona law, even though an individual may have been legally prescribed a medical marijuana card, it is possible that the card holder could be charged with a DUI even though they are not impaired. The reason behind this is scientific. When scientifically broken down, marijuana consists of two separate metabolites. One of the two metabolites will only stay in the user’s system after consumption and during the period of impairment. The second metabolite, however, can remain in the user’s system for approximately one month after consumption and will not cause impairment. Even though the user may not have been impaired at the time the citation was issued, Arizona courts can charge you with a DUI if either of the two metabolites are found within the user’s system at the time the user was driving and the inactive metabolite remained in the user’s system.