DUI Lawyer Phoenix
DUI Attorney in Phoenix
If you get pulled over for suspicion of DUI, your best bet is to the contact the lawyer
Phoenix has trusted with its toughest criminal cases since 2008. In times like these,
nothing is more important than protecting your rights. Take a moment to find out what
you should do in the unlikely event that you are stopped for DUI.
When pulled over, the officer will attempt to build a case of incriminating evidence
against you. By understanding your rights now, you will know how to act in a way that
will protect your future.
What to do if pulled over for DUI:
• You are not legally required to speak.
• Your right to a lawyer begins during the investigatory portion of the stop, not just
in court.
• It is not necessary to comply with field sobriety tests. In fact, these are designed
to create enough factual evidence to proceed with chemical tests, which hold up
better in court. You are also entitled to an independent blood or breath analysis.
In order to protect yourself against injustice, you should grow in your understanding of
your constitutional rights. Consider these facts when faced with a criminal charge:
No search without a warrant. But be careful! The Fourth Amendment restricts law
enforcement from performing unreasonable searches and seizures. As a result, an
intrusion of your vehicle or person is illegal unless a warrant is obtained in advance.
There are specific exceptions to this rule in regard to automobiles and blood alcohol
levels, so be very careful not to refuse a chemical test after officers find probable cause,
as you will lose your driving privileges for one year.
There is no mandate of compliance with field sobriety tests, nor is it in your best
interest to consent to one. Field sobriety tests, or FSTs, lack significant statistical data
supporting their scientific reliability, and many scholars argue that FSTs are not
accurate. Once you consent to a field sobriety test, you have opened the door for police
to procure enough facts to request a warrant. Remember that an officer must obtain a
warrant prior to administering a chemical test.
Phoenix DUI Defense Attorney
You have the right to counsel. Your right to an attorney comes from the Fifth and
Sixth Amendments. According to the Constitution, an individual has a right to counsel
throughout the criminal process, including the interrogation or investigation.
You should request to speak with a DUI attorney at the time of your arrest, even though
it is uncomfortable. Many of our clients have told us they felt the police would release
them if they complied -- this is rarely the case. A police officer’s job is to arrest you and
supply the facts necessary for your conviction in court. Your attorney’s job is to inform
you of your rights and to protect you. Shouldn’t you have someone on your side?
You don’t have to speak. Under Miranda, you have the right to remain silent. Other
than to provide identifying information, this right is a constant. Do not presume that your
case will be dismissed if your rights are violated. You will still be tried, but a violation of
this right can eliminate consents, waivers, and other forms of incrimination, including
any evidence resulting from such infractions.
The steps you should take during the unlikely event of a DUI are straightforward,
but the legal reasons behind them are complicated. You need help navigating the
complex legal process. Contact a Phoenix DUI Lawyer, Mr. David A. Black, the
experienced attorney Phoenix trusts, and find your peace of mind today. Call us
now at (480) 280-8028.