Comprehensive Arizona DUI Information
YOU MAY NEED TWO LAWYERS
Got a DUI? You need two lawyers.
- The one you call during your arrest from the DUI van, hospital or police station; and
- The one you hire to defend you in Court and against the MVD.
Many lawyers will refuse to represent you if they took your call during the arrest, as they know that they cannot therefore give you the best representation, as they may have a conflict of interest.
There are many practical advantages of requesting to speak with an Attorney. First, it obligates the officer the cease all questioning until an Attorney is contacted. Once an attorney is contacted, the attorney will usually speak briefly with the officer, and assert your Miranda rights for you. Once you get a chance to speak with the attorney, ask the officer to give you privacy. If the officer refuses, ask him/her to document that in their police report, and inform the attorney that you are not alone. This will put the attorney on notice to ask you yes/no questions only.
During your arrest interview, the attorney will likely ask you how much you had to drink, and over what time period. With this information, and information such as your sex and weight, the attorney can calculate your projected BAC level. The attorney may also ask you if you were in an accident, if you have prior DUI convictions, if you are on probation, if you need a license to drive for work, and several other questions. Armed with this information, the attorney will be able to advise you of the pros and cons of taking or refusing to take a breath, blood or urine test.
Many people think that by talking to an attorney long enough, they can delay the BAC test and their alcohol level will be lower (possibly under the legal limit). While this is a legitimate concern in some cases, it may backfire in others. For instance, if you drank a lot right before driving and were pulled over immediately, it may serve you well to take the chemical test sooner, before the alcohol in your stomach is absorbed into your system. (Keep in mind that the vast majority of the alcohol does not assimilate into your system in your stomach, but rather in your intestines). If you are a borderline case, the lawyer you call from the police station can also advise you about how to obtain a legal blood test from a hospital right after your release in case the chemical evidence is borderline over the legal limit.
Who should you contact during your arrest?
That is a matter of personal preference. If you have an attorney for another matter, say a will or a business transaction, he/she may not know how to advise you during a DUI arrest. They probably won't appreciate a call at home at 3 a.m. Some DUI and Criminal Lawyers advertise 24-hour service in the yellow pages. You can try to get in touch with one of these. Additionally, there may be a public defender on-call to take your calls any time of the night. Even if you intent to hire a private lawyer, and even if you don't financially qualify of a Public Defender, you may still be able to talk with one during your arrest.
It is almost always best to call an attorney whom you do not intend to hire to defend the charges in court while you are at the police station being processed for your DUI. This is because that attorney may become a witness on your behalf. A lawyer representing a client in court cannot testify on that client's behalf. So if you called the same lawyer during your arrest who later represents you in court, you can not call that lawyer to testify that you sounded sober, that you understood his/her instructions, that you did not slur, and that he/she asserted your Miranda rights for you to the cop.
Many lawyers will refuse to represent you if they took your call during the arrest, as they know that they cannot therefore give you the best representation, as they may have a conflict of interest.
Who should you contact after your arrest?
As soon as possible after your release from police custody, you should contact a private attorney if you intend to hire one, or if you are unsure as to what to do. The earlier you start, the more chance you have of finding the right attorney for you. Some DUI charges are not filed until months after your DUI arrest, while others involve an Arraignment the next day.
In Arizona, one thing is certain for DUI cases where you either failed a breath test or refused to take one... you MUST send in your MVD Hearing Request within 15 days of receiving notice of a an Admin Per Se or Implied Consent Suspension, or you will lose your license and the right to a hearing. The sooner you start interviewing attorneys, the better chance you have of finding the right one for you before the 15 day deadline.
Mr. Bergman offers a free initial consultation to anyone arrested for DUI in Arizona who intends to hire a private attorney. For your consultation, call (480) 951-3200 or click here to request your consultation on-line.