Comprehensive Arizona DUI Information
Your Miranda Rights -
Remain Silent!
YOU WON'T BE ABLE TO TALK YOUR WAY OUT OF A DUI... SO DON'T TRY!
If you've
been arrested for Drunk Driving, or are under investigation... do NOT
talk to the Police under any circumstances. Do not volunteer any
information, even if you are completely innocent. No matter what they
promise or threaten, the police are not on your side (if they were, they
wouldn't be giving you the shake-down). If you talk to them they will
find a way to use it against you.
Ask for a lawyer immediately. In the typical DUI stop, the officer will
ask you if you consumed alcohol before they ask you to exit your
vehicle. This is your cue that you are now under investigation for DUI.
Ask the officer if you are free to leave. If he says yes, then politely
thank the officer and leave. If he says anything other than yes, then
you've got a problem. Politely tell the officer that you will be happy
to cooperate, but you want to speak with a lawyer first. If the cops
don't provide you with a lawyer, keep asking. The only information you
should give them from this point forward is your name, your address, and
your date of birth, and provide them with your license, insurance and
proof of registration.
Don't fall for the oldest trick in the book... the, "if you cooperate
you will not spend the night in jail." Chances are, you won't anyways.
Most misdemeanor DUI detainees are released shortly after the processing
is completed.
Unless you are rude or uncooperative, or the officer grumpy or sadistic,
or you simply do not have a mode of transport home, most officers will
release you once they have a way of positively identifying you and
getting in touch with you following your DUI arrest. If they request it,
sign a promise to appear in court. Do not give a statement in exchange
for avoiding a night in jail.
There is a form used by the vast majority of police agencies throughout
Arizona in every DUI arrest report. It is commonly referred to as the
DUI AIR (or Alcohol Influence Report). It consists of approximately 30
questions designed to incriminate the DUI suspect.
The questions start off seemingly harmlessly, asking: Were you operating
the vehicle? Where were you going? From where did you start? What time
did you leave? What time is it now? What is the date today? What day of
the week is it?
Then the questions get down the the business of trying to convict you
through your own admissions: What have you been drinking? How much did
you drink? Where were you drinking? What time did you start drinking?
What time did you stop drinking? Did you have an accident?
Then they back off the hard questions for a while and ask you some
seemingly innocuous questions: Are you ill? Have you been to a doctor or
dentist in the last two weeks? Have you taken any medication in the past
24 hours? Do you have diabetes? Do you take insulin for any reason? Do
you have any allergies? Do you have any physical disabilities?
More questions follow: Is the officer that arrested you here now? When
did you last eat? What did you eat? How much sleep have you had in the
last 24 hours? When did you wake up today?
While all of the questions above are designed to elicit an incriminating
response that a prosecutor can use against you in court, the following
questions are designed to hang you: Could you feel the effects of
alcohol in any way while driving? On a scale of zero to ten, zero being
completely sober and ten completely drunk, how would you rate yourself
at the time you were driving? (HINT: anything other than an answer of
"zero" will be used against you to try to prove that you were impaired
to the slightest degree as required by Arizona DUI law.) Do you have a
prior DUI conviction? (HINT: see the DUI Penalties to find out why your
answer to this question may be critical.)
(Never, never, never under any circumstances, answer any of the
questions.). NEVER! Unless, of course, you want an Arizona DUI
conviction.
Often times these questions can convict you of DUI. The informed person
will always politely REFUSE to answer these questions. Your refusal to
answer will NOT be used against you in court... YOUR ANSWERS WILL!
When you are facing criminal charges, your life, your freedom, your
financial security, and your reputation are on the line. People are
falsely accused and wrongfully convicted in the United States and
Arizona more often than the average citizen is aware. Many wrongful
convictions can be avoided if the accused (usually an innocent and
upstanding citizen) has the good sense to contain his/her outrage,
remain silent and seek out experienced legal counsel.
DUI is a serious crime. Take it seriously from the start and you will
save yourself much misunderstanding and heartache later.