EXERCISE YOUR CONSTITUTIONAL RIGHTS!!!

You have the right to remain silent and the right to an attorney.  Exercise these rights!!!! 

RIGHT TO REMAIN SILENT

Often the police will politely ask you for information if they suspect you of a crime.  They may even tell you that they will be easy on you or let you go if you tell the truth.  Do not believe this!!!  These are techniques that they use to get you to talk.  They also will ask you questions that may seen harmless – They Are Not – many seemingly innocent questions lead to convictions everyday.  If you admit anything that will give them the ability to charge you with a crime – THEY WILL CHARGE YOU!!!!

RIGHT TO AN ATTORNEY

Many people often talk to the police without ever asking for an attorney.  Even after being read their rights they continue to answer questions fearing that the police will “come down on them hard” if they get an attorney involved.  This is a mistake – again, THEY WILL CHARGE YOU if you tell them anything that gives them the chance.  If you are suspected of a crime, request to speak to an attorney immediately!!!  If you request an attorney, they cannot continue to question you without an attorney – If they do, any of the evidence that comes from that questioning may be suppressed.  If you are stopped for a DUI, the police must give you a reasonable opportunity to consult with an Arizona DUI Attorney before forcing you to take any tests.  If they do not, you may be entitled to suppression of the test results and a dismissal of the DUI charges against you.

FOURTH AMENDMENT

The Fourth Amendment to the U.S. Constitution, guarantees your rights against unreasonable searches and seizures.  If contacted by the Police, do not allow them to search your car, your home, your bags, your pockets!!!  The Police need probable cause to perform a search and in most cases a warrant as well.  If they search without these, evidence can be suppressed.  However, if you give them permission (i.e. “yeah, you can look in the trunk”), its all over and that search is legitimate.  Never give the Police permission to look places they are not otherwise allowed to look.  If you have any questions about your rights IMMIDIATELY REQUEST TO CALL YOUR ARIZONA CRIMINAL AND DUI ATTORNEY!!!

  DUI STOPS

These rights come into play often when people are stopped for DUIs.  And most of the time, in a DUI, people fail to exercise their rights and help the State secure a conviction.  If you are pulled over remember the following:

1)Right to an Attorney:  Ask to speak to an attorney as soon as it appears you are suspected of a DUI

2) Right to remain silent:  DO not tell the officer anything, be polite and cooperative, but do not tell them you have had a single drink, do not answer questions about what you have eaten, whether you have taken medication, etc. etc.  Each one of these and other seemingly innocent questions are designed to convict you – do not answer!

3) Field Sobriety Tests: There is no penalty for refusing field sobriety tests.  Do not take them.  These tests are designed to convict you of a DUI and the Police are the only one’s who see the results.  And, of course, every jury believes the Police over the “drunk.” (That’s the way the prosecutor will paint you to the jury)

4) Eye Test (HGN): The Horizontal Gaze Nystagmus test (where you track a pen or other object) is designed to show that you are guilty of a DUI, as with any other Field Sobriety Test, there is no penalty for refusing and you should never agree to this test.

5) PBT (Portable Breath Test):  You are not required to take the PBT (handheld portable breath test).  There is no penalty for refusing and generally it is not admissible at trial.  In some cases (i.e. you have had nothing to drink at all) it may help to take the test, since a reading of zero may end the stop and get you on your way.  However, in most cases you should not take the test, since the results can provide probably cause to arrest you and take your blood or breath (with an actual intoxilyzer).

6) Blood/Breath/Urine tests: Officer’s need probable cause that you are guilty of a DUI in order to take a blood/breath or urine test from you.  However, If you refuse to submit to these tests your license to drive will be suspended for 1 year.  Additionally, if they do have the probable cause, they can and will get a warrant and force you to take the test, even if you refused.  Therefore, in MOST cases it is best to agree to the test, AFTER you have requested to speak to a DUI attorney in Arizona!!!