The Law Office of Rachelle S. Ferraro wants to wish you and yours a very happy and safe Memorial Day Weekend. If you or a loved one does consume alcohol this weekend, please make sure to arrange for a Designated Driver, a cab or another alternative to getting behind the wheel potentially impaired. DPS, the GOHS, and ADOT will combine resources with local police agencies throughout the State to set up Sobriety check points and multi-agency task forces to conduct DUI and distracted driver saturation patrols this weekend.
What to Do if Pulled Over for a Suspected DUI
If you do happen to get pulled over for a suspected DUI,
1. Do NOT volunteer information or evidence.
2.Ask to speak to an attorney immediately and repeatedly until you are allowed to contact one. Many DUI attorneys answer calls after hours!
3. Provide the requested documents--driver license, registration, insurance and be mindful the Officer is watching how you retrieve and provide the documents.
4. Remove seat belt and exit car ONLY if requested and be mindful the Officer is watching if you stumble.
5. NEVER consent to a search of your car, your purse or your pockets.
6. If you have been drinking, do NOT answer questions about where you have been or what you drank. Politely decline to answer questions-"I'm not going to answer any questions without an attorney."
7. Politely decline doing any field sobriety tests. Some officers don't even ask you to submit but just shine a light in your eyes and tell you to follow the light. All physical tests are VOLUNTARY and you do not have to do them regardless what the officer threatens.
8. If arrested, the police will request you submit to blood, breath, and/or urine tests (chemical testing). ALWAYS ask for a PRIVATE call to a lawyer before you make a decision.
9. If you are being booked into jail, ALWAYS ask to be allowed to obtain an independent test. If you are released, get a ride to a hospital and get an independent blood test.
10. Set up a consultation with an experienced DUI lawyer after your release (this is in addition to the phone call you made to an attorney during your arrest) because there are potential driver license and vehicle impound consequences that can impact you separate from the criminal case.
1Rachelle S. Ferraro is licensed to practice law in Arizona only. She cannot speak to how this advice applies to you if stopped in another state.