What Happens When You Get Pulled Over for A DUI?




If you are pulled over and you have been consuming alcohol, prior to even speaking with you, the officer has most likely already decided to arrest you and charge you with DUI and EVERYTHING he asks and does is designed to gather evidence of your guilt!

So, what happens when you get pulled over for a DUI and what steps should you take to protect your legal rights?

  1. Show the officer your driver’s license, registration and proof of insurance
  2. Be polite, respectful and courteous.
  3. Inform the officer that, upon the advice of an attorney, you refuse to answer any questions.  DO NOT ANSWER QUESTIONS OR AGREE TO BE INTERVIEWED!
  4. Refuse to perform the eye test or any other physical test, sometimes called “field sobriety tests” or FSTs.
  5. Request an immediate CONFIDENTIAL call to an attorney.

To Test or Not To Test: Blood Alcohol Content Test (BAC)

Under the law, everyone who drives in Arizona grants implied consent to a blood, breath or urine test if so demanded by law enforcement.  Refusal to submit to such a test will result in a one-year suspension of your driver’s license.  If you refuse some officers will obtain a search warrant and forcibly take your blood for testing. 

If you are arrested for DUI and it is your first offense, or first offense within a five-year period, if your BAC is .08 or more, your license will be suspended for 90 days.  If there has been no accident with injury to another person you may be eligible for a restricted license for the final 60 of the 90 days.

If you are arrested for any offense other than a first offense and your BAC is .08 or more your license will be suspended or revoked for at least one year.

CONSEQUENTLY, on a first offense, most people do not want the longer one-year suspension so most will submit to a test.  If you absolutely want to deprive law enforcement of as much evidence as possible regardless of the license suspension, refuse to test.  REQUEST TO BE RELEASED FOR AN INDEPENDENT BLOOD TEST, DEMAND AN INDEPENDENT TEST AND GO GET ONE UPON RELEASE!

On any subsequent offense, you have nothing to lose by refusing to test.  If the officer does not obtain a search warrant, and sometimes they won’t, you have deprived them of your BAC % as evidence.

On any felony DUI (3rd DUI within five years, DUI on a suspended license, or DUI with a person under 15 years of age in the vehicle) the potential penalties are VERY severe and include prison time SO DO NOT SUBMIT TO ANY TESTS OR ANSWER ANY QUESTIONS PERIOD. . .

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