Say you’ve had a couple beers with dinner out in Old Town Scottsdale with friends. Shortly after calling it a night, you get into your car and begin the drive home. Soon after you see the flashing red and blue lights in your rear view mirror. You don’t know the specific reason the police want to pull you over, but you’re sure it’s you the officer is after.
You pull over and so does the officer. The officer will ask you for several documents: your license, registration and proof of insurance. As you reach for your documents, the officer will observe your behavior for abnormalities and conduct consistent with impairment. He will also likely attempt to detect an odor of alcohol coming from your person; or observe whether your eyes appear bloodshot.
He may then ask you questions, such as where you are coming from, where you are going and whether you’ve had anything to drink. Dividing your attention helps the police officer observe your intoxication levels. You don’t have to answer these questions, though you should remain polite.
If the officer has suspicion you may be driving under the influence of alcohol or drugs, he will likely ask you to take a field sobriety test or “follow a pen” with your eyes. He may also ask if you are willing to blow into a hand-held device to determine your BAC. Though the officer may imply otherwise, the law doesn’t require you to perform any of them. If you do, note that it will likely be recorded by the officer’s body cam. Field sobriety tests are designed to fail, so even sober people sometimes have trouble with these tests. For this reason, you should politely decline the tests when asked.
If the officer has probable cause to believe that you were committing a DUI, he will likely arrest you and transport you to a location to obtain a sample of your breath or blood for scientific testing.
Possible Defenses Related to a DUI Arrest
When evaluating the quality of a DUI investigation, a DUI attorney will assess whether the traffic stop was legally valid, meaning did the arresting officer have articulable suspicion that a traffic law was violated or a crime was committed. To determine whether the stop was justified, a court will look at the totality of the circumstances surrounding the stop. A DUI attorney can make a motion to suppress that challenges the constitutionality of the stop. Our attorneys will argue the constitutional principles against unreasonable seizures imposed by the Fourth Amendment.
Contact a Phoenix DUI Attorney today!
At the Lerner and Rowe Law Group, our skilled DUI attorneys will take on your case. We will give you the defense you deserve after a DUI arrest. A DUI charge can be a very stressful situation, and will perhaps be the biggest problem you will ever face. Our award winning team of DUI attorneys will handle your case with integrity and professionalism, and will be your guiding hand during this troubled time. You can contact us 24/7 to discuss your case at 602-667-7777. We look forward to helping you.