If you have been charged with a DUI, you have the right to fight those charges and prove your innocence. Attorney James Novak offers DUI defense services to ensure that DUI defendants receive fair representation in a court of law. The team at our practice also works to educate clients about their legal rights when it comes to DUIs and DUI checkpoints. In this blog post, we advise clients about what they should do when they encounter DUI checkpoints in the Phoenix area.
Understanding DUI Checkpoints
It is important to understand the purpose of a DUI checkpoint and what your legal rights and obligations should be when you go through a DUI checkpoint. First, it is important to understand that you are obligated to stop at these checkpoints, but you do have legal rights that limit the amount of investigation that can be performed without your permission. A DUI checkpoint allows officers to check your license and registration; as they do so, they also have the opportunity to get a quick glimpse inside the car, and check for the smell of alcohol. Beyond that, officers need the driver’s permission to conduct further investigation.
So, what should you do at a DUI checkpoint? Below are some points to keep in mind:
- Anything you say and do can be used against you if you are charged with a DUI.
- You are not obligated to incriminate yourself and should provide as little information as possible.
- The officer does not have a right to search your vehicle without your permission, unless they get a search warrant.
- You are not obligated to submit to a field sobriety test.
- Unless you have been arrested, you are not legally obligated to submit to a blood, urine, or breath test.
- Remember that any time you are being asked to take a drug or alcohol test, or if you are being placed under arrest, you have a right to request to speak with an attorney.
When you encounter a DUI checkpoint, it is in your best interest to be polite and courteous to the officer conducting the check. However, if the officer attempts to conduct further investigation without probable cause, you do have the right to firmly decline the additional testing.
The penalties for DUI are severe, especially in the state of Arizona, which has some of the strictest DUI laws. To ensure that your rights are protected and that you receive fair legal representation, it is important to work with an experience DUI defense attorney such as Mr. Novak in the event that you are arrested on the suspicion of DUI. Expert legal representation can make a huge difference in the ultimate outcome of your case.
If you or a loved one have been arrested on the suspicion of DUI, defense attorney James Novak can help. Contact us as soon as possible to discuss your case and find out how we can help to ensure that you receive fair legal representation. We look forward to working with you.