DUI in Arizona

Arizona and every other state has DUI laws that are meant to stop drivers from getting behind the wheel of a car after a few glasses of wine, or beer, or alcohol. The limit in our state, sometimes ironically called the "legal limit," is .08%. The best advice any attorney can give you is don't drink and drive. Period. Imagine how many cab rides you can pay for with the money you'd spend on fines and attorneys' fees in a DUI case.

So, let's say you've left the party thinking you're okay to drive only to have the flashing red and blues greet you. How to handle the DUI stop? First, stay in your car unless the officer asks you to step out and if you have your seat belt on, leave it on! Second, know these ten things:

1 - Provide identification. The officer will ask for your driver's license and registration. How easily you find these items will be noted on the officer's report. If you fumble around for them, it will look like you've had too much to drink.

2 - Politely refuse to take field tests. Field tests for DUI are: walking the line, touching your finger to your nose, counting on your fingers, saying your ABCs, holding your leg up while counting, and HGN, the one where the officer asks you to follow a light with your eyes. When you do field tests, you are giving evidence that will be used against you. There is no law requiring you to do the tests. Some officers will tell you they will take you to jail if you don't do the tests. Don't fall for it. They were going to take you to jail anyway.

3 - If asked, politely explain that you will not agree to a search of your car. If the officer has to ask you to agree, it's a red flag. Just say no. If an officer has enough reason to get a search warrant, he or she will. If not, then why search? Usually the question will come at you like: You don't mind if I look in your car, do you? You don't have a problem with my looking in your car? I'm just going to take a quick look inside, okay? Say no--politely, but firmly--and don't explain. And hope your no makes it into the report.

4 - Politely refuse to answer questions. Usually the officer will ask you a few questions about what you've had to drink and then move on to more questions later at the station. Your best response is: "I can only answer your questions on the advice of my attorney." You don't have to call an attorney right then. The statement effectively stops any questioning of you by invoking your constitutional rights. Even when the officer reads Miranda rights to you, the answer should be the same.

5 - Cooperate, cooperate, cooperate. Cooperation means having a good attitude and being polite. It doesn't mean answering questions or doing field tests or talking. Your attitude, appearance and words all become part of the officer's report. Your disposition indicates your level of intoxication. This is not the time to crack jokes, cry, apologize or confess.

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