Frequently asked DUI questions Call 480 235-1981
Know your rights when stopped or arrested for a DUI
An experienced and skillful DUI lawyer such as Brian DiPietro can help you successfully fight your DUI charges.
1. Do I need a criminal defense lawyer or can I represent myself?
You can always represent yourself on a charge of driving under the influence of alcohol or drugs, but this is not a good idea. The reason is that DUI charges are serious and complicated to the untrained person. You will be facing a well trained and experienced DUI prosecutor who will clearly have the advantage over you. The best approach is for you to have a well trained and skilled DUI defense lawyer such as Brian Di Pietro representing you.
2. What should I say to the police after being stopped?
You are not required to say anything during a traffic. All you need to do is provide your driver's license, registration and proof of insurance. The best response to questioning is I would like to talk to my lawyer before I answer any questions.
3. What if the officer says I am not entitled to an attorney during a traffic stop?
The primary reason for asking questions is to get you to incriminate yourself. This makes the case against you stronger. Why would you want to help the government convict you of a DUI? Your reply should always be I would like to talk to my lawyer before I answer any questions..
4. What if the officer says he would like me to do field sobriety tests to show I am not DUI so that I may go?
You are not required to do any field sobriety tests. Usually, by the time the officer is to the point of asking you to perform the field sobriety tests (FST's), he already has determined that he will arrest you. The performance of these tests is to gather additional evidence of your DUI. These tests are designed for you to fail, and the officer decides if you pass or fail. Not surprisingly, the vast majority of people fail these tests, according to the officer.
5. What if the officer says that if I don't cooperate he will arrest me?
Usually if an officer threatens to arrest you, he just wants to gather more evidence that you are DUI. So even if you do cooperate you will probably be arrested anyway.
6. Should I do the eye test?
This is one of the field agility tests the police will ask you to perform. This test is called the horizontal gaze nystagmus test or hgn, and is a medical procedure of which police are not competent to perform but many courts allow evidence when submitted. Do not do any tests for the police. Tell the officer that you want to speak to a lawyer for his advice.
7. Are the police required to advise me of my Miranda rights during a traffic stop?
No. The U.S. Supreme Court says that during a traffic stop you are not subject to any Miranda rights. So do not answer any questions or perform any agility tests.
8. Can I choose what chemical test to take?
Arizona law leaves the option of choosing chemical tests to the officer. The officer may choose one or more tests to administer. You have no choice. Tell the officer that you want to speak to a lawyer before allowing any chemical test.
9. Should I take the breath test or blood test?
If you have been asked to do either or both tests you probably should comply. If you refuse the police will get a search warrant and get the sample from you anyway and your driver's license will be suspended for one year because of your refusal. An exception might be if this is a second DUI within 7 years in which case you might want to refuse.
10. Are blood or breath tests accurate?
Breath tests have been shown to be inaccurate and the proper investigation into the functioning of the machine may disclose errors in its operation. Blood tests are highly accurate when properly conducted but many times errors in the procedures for testing of the blood can be found. All testing by equipment should be investigated and challenged when discrepancies are found.