The Holidays are here and you have a right to remain silent!

by Aaron Black • December 13, 2016
Right to remain silentAlthough we have all been taught to always tell the truth, if you are pulled over during the holidays for suspicion of a DUI in Maricopa County if the police ask you a question you legally do not have to answer.

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.
DUI offenses in Maricopa County can involve complex legal issues and even worse, more serious charges can be levied against you if a person was injured or killed.

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.
The bottom line is that no matter how smart or smooth you think you are, you will NEVER talk yourself out of a DUI. Remember to invoke your Fifth Amendment Rights and contact a Maricopa County DUI Defense Lawyer in Phoenix immediately.

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.

In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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