Depending on the time of day and the circumstances you can be pretty sure that anytime a police officer conducts a traffic stop on your car, he or she will also be conducting a DUI investigation. The officer will look for “signs and symptoms of impairment” which include but are not limited to: bloodshot and watery eyes, whether the odor of alcohol is emanating from the car or person, the person’s speech and the person’s movements. Based on the officer’s observations and the answers provided to the questions things could go downhill from there. . .
That is where knowing your rights is all important. If you are stopped for a DUI you should provide a copy of your license, registration and insurance-if asked-and you may inform the officer:
-I hereby invoke my right to remain silent and I refuse to answer any questions (bear in mind you are obligated to provide your name and other identification specifics.)
I refuse to perform any physical or eye tests.
I hereby demand an immediate private phone call to my attorney.
I will submit to your blood or breath alcohol test after a confidential call to my attorney, unless it will unduly delay your investigation (if you ask and the officer does not let you make the call do not then refuse to further cooperate with regard to the breath or blood test-the fact that you asked the question and the officer refused to allow you to call will have an impact with regard to the admissibility of the results in your case.)
I hereby request to preserve a sample of my breath or blood for independent testing.
I demand that I be released for independent tests or other evidence, immediately following the completion of your paperwork.
If you are driving and you are DUI don’t make the mistake of thinking that “fessing up” to the officer will result in you getting any breaks. It doesn’t work that way!
Also remember that you should always be polite and courteous to the officer (even when exercising your rights) – do so even if the officer is being rude. This will stand you in good stead down the road and will help your attorney in working towards a better result in your case.
Finally do not drink and drive. If you do and you get caught do not forget your rights and remember there are two things you should never stint on - medical and legal help...
Kevin Breger is the principal attorney at The Law Offices of Kevin Breger, PLLC. Mr. Breger focuses exclusively on criminal law and DUI representation and can be reached at 602-682-5582 or at kbreger@bregerlaw.com. Remember if you do email Mr. Breger please provide a phone number where he can call you back to discuss your situation. Mr. Breger’s principal office is located at 2025 N. 3rd Street, Suite 157, Phoenix, AZ 85004 and he also has an address in Scottsdale. He represents clients throughout Maricopa County, Pinal County and Yavapai County.
The information in this article is current as of December 2008. Remember that all cases need to be assessed on their individual merits and you should consult your attorney to discuss the specific issues in your case.
