What to Avoid When Being Charged with a DUI
By attaining legal counsel from The Law Office of James Novak, you can learn what to avoid following a DUI charge in Phoenix, AZ. There are certain things you should not do if you are charged with a DUI, to give you the best possible chance of having your charges dismissed or reduced. There are also things you should avoid in the event you are pulled over and suspected of driving under the influence (prior to being charged). If you have been charged of a DUI, contact The Law Office of James Novak as soon as possible for assistance with your case.
What Are My Rights if I Am Pulled Over for a DUI?
If you are pulled over and suspected of a DUI, you must answer any questions the officer asks you regarding your license, residency, insurance, or registration. The officer may engage you in casual conversation, asking questions about where you were earlier in the day or night or where you are going. It is your right not to answer these questions and it is advised that you do not.
Answering these questions or offering other information such as the last time you had an alcoholic drink, how many drinks you consumed, and the last time you ate can lead to self-incrimination. You should also avoid telling the officer about any medical conditions you may have and any medications you take for that condition, as this information could also lead to self-incrimination.
Working with a skilled attorney who specializes in Arizona DUI law is your best chance of having your case dismissed or the charges greatly reduced.
Unless you are arrested, it is recommended that you do not submit to a field sobriety test or a drug test. These tests are not mandatory unless you are under arrest. Submitting to these tests before you are under arrest can result in an arrest and may lead to a conviction.
The Fourth Amendment protects you from unlawful search or seizure. You have the right to refuse an officer’s request to search your vehicle if you believe they do not have probable cause to do so. You should calmly refuse the search and state that you understand your constitutional rights. If the search is conducted, remain calm. An unlawful search or seizure can be handled by your attorney.
What Are My Rights If I Am Arrested for a DUI?
It is important that you do not raise your voice with the arresting officer or physically resist the arrest. Doing so could result in additional charges against you and more severe penalties. If you are arrested for a DUI, you are now required to submit to a breath, blood, or urine test.
A refusal to submit to the test carries harsh punishments of license suspension, regardless if you are convicted of a DUI. You have the right to remain silent and you have the right to an attorney. You should avoid answering any questions until your attorney is present. Answering questions before your attorney arrives could result in self-incrimination.
Contact Us Today with Your Questions
Working with a skilled attorney who specializes in Arizona DUI law is your best chance of having your case dismissed or the charges reduced. Your attorney can build a strong defense for your case and improve your odds of a case dismissal or a reduced sentence when the proper steps are taken following an arrest. Contact The Law Office of James Novak today for an initial consultation.