Imagine you are driving home after watching a game with friends in Surprise. Suddenly, you see flashing lights in your rearview mirror. A routine traffic stop can quickly turn into a high-stakes investigation for a driving under the influence (DUI) charge.
While the situation is stressful, you have constitutional protections that apply the moment an officer stops your vehicle. Exercising these four rights can significantly impact the outcome of your case.
1. The right to remain silent
You do not have to answer questions about where you have been or how much you have had to drink. While you must provide your license, registration and proof of insurance, you can politely decline to answer further questions. The prosecution can use anything you say during the stop as evidence against you in court.
2. The right to refuse field sobriety tests
Officers often ask drivers to perform roadside coordination tests, such as walking in a straight line or standing on one leg. In Arizona, these tests are voluntary.
You have the right to refuse them without facing a driver license suspension for that specific refusal. Because these tests are subjective, declining them prevents the officer from gathering additional coordination evidence against you.
3. The right to an attorney
You have the right to legal counsel under the Sixth Amendment and Arizona rules. Once you are in custody, you can ask to speak with an attorney.
Law enforcement must allow you a reasonable opportunity to reach a lawyer as long as it does not unduly delay their investigation. While you may not have an absolute right to wait for a lawyer before deciding on a chemical test, you should still clearly request one as soon as police arrest you.
4. The right to contest a suspension
Arizona follows an implied consent law. By driving on state roads, you agree to submit to tests of your breath, blood, urine or other bodily substances if you are arrested for a DUI. If you refuse these tests, you face a potential 12-month license suspension for a first-time refusal.
However, this suspension is not immediate. You have 30 days to request an administrative hearing to contest the order. If you file this request on time, the court stays the suspension, meaning it is put on hold until the hearing takes place.
Seeking legal guidance after a stop
A DUI investigation involves complex interactions between your constitutional rights and state driving regulations. Small details, such as how an officer phrased a request or the timing of your arrest, can change the direction of a case. An experienced attorney can review the details of your stop to ensure the state respected your protections.
