The Holidays are here and you have a right to remain silent!
According to the U.S. Constitution, we all have a Fifth Amendment Right to remain silent. With that being said you do not have to answer if you are questioned as to whether or not you have been drinking.
If you are pulled over for suspicion of a DUI
- Immediately ask for an Attorney
- Let the police know that you will not answer any other questions without an Attorney present
- Invoke your Fifth Amendment right to remain silent. Remember that anything you say may be held against you and incriminating evidence can be used against you should your case go to trial.
You may be charged with DUI under the following conditions
- The government can prove that your Blood Alcohol Concentration was a .08% or more within two hours of driving.
- The government can prove beyond a reasonable doubt that you were driving a vehicle or in actual physical control of a vehicle and impaired to the slightest degree you can be charged.Impaired to the slightest degree in the simplest terms means that you were kind of buzzed.
Indications of impaired to the slightest degree can include bloodshot watery eyes, the odor of alcohol on your person, swaying when exiting your vehicle, failing the field sobriety tests and driving slower than the posted speed limit.
Happy Holidays and if you would like to learn more click here to contact me or call 480-729-1683 for a free legal consultation.
About the Author
Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.
Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.
After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.
After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.
Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.
You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.