What Should I Do If I Am Stopped By Police After I Have Been Drinking
What Should I Do If I Am Stopped By Police After I Have Been Drinking?
By: Drunkdrivinginjurieslawyers.com
Hopefully, after reading the foregoing information and learning about how easy it is to violate the DUI laws in Arizona, you will not be driving after you drink this holiday season (or anytime in the near future). In the event you do find yourself being stopped by a police officer after drinking, however, there are a few things you should be aware of:
1. It’s a DUI Investigation, not a “Traffic Stop.”
First, it is important to understand that, if you are being pulled over after you have been drinking, you are not involved in a “traffic stop.” In a typical “traffic stop,” the officer has already observed you breaking a law (speeding, illegal lane change, etc.) and is going to either give you a warning or write you a citation for it. He is not trying to collect additional information
about whether you committed the offense because he witnessed it with his own eyes. Accordingly, in a traffic stop, very little of what you say will matter.
This is very different from a DUI investigation – and, if you are being pulled over after 9 p.m. or so, chances are you’re being targeted as a suspect in such an investigation. Unlike a mere traffic stop, in a DUI investigation the officer’s job is to ask you questions and collect evidence to determine whether you have committed a crime he has not yet observed (i.e.,
DUI). Thus, what you say (or don’t say) is extremely important. Moreover, there is no requirement that the officer read you your rights at the beginning of the investigation.and, if the officer believes you may be impaired, the State will attempt to use everything you say and do as evidence that you violated the DUI laws.
2. Be polite . . . but not necessarily cooperative.
You should always be polite and respectful to all law enforcement you come into contact with during a DUI Investigation. Remember that police officers are just doing their jobs, and that they are probably not particularly thrilled about the situation either – after all, they are being pulled away from their families to work at night during the holidays and would probably rather be doing something else than trying to figure out if you’re breaking the law. Treat police officers with respect, and you will drastically increase the likelihood of being treated with respect back. Do not confuse being polite and respectful with with being cooperative, though. Whether you choose to cooperate with a DUI investigation is completely up to you. Under the United States Constitution, you have the right to refuse to incriminate yourself (i.e., the right to remain silent). As a result, there are only three things you must do in a DUI investigation under Arizona law.
First and foremost, if you’re planning on drinking, plan on not driving. We all know that you should never drive when you are “drunk,” but this article highlights that you can be in violation of Arizona’s DUI laws long before you feel “drunk.” By the time all is said and done, being arrested for DUI will likely cost you between $10,000 and $15,000. Comparatively speaking, the cost of a cab ride is nothing. This is the only true piece of “advice” we can offer in this article: If you have any doubt about whether you may be impaired, do not drive.
Second, remember that you can not talk your way out of a DUI. If you choose to drive despite the above advice, do so with the knowledge that, (a) if you get pulled over, you will be arrested, and (b) trying to talk your way out of being arrested is far more likely to hurt you than help you.
Read the full article at www.drunkdrivinginjurieslawyers.com
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