What should I do at the Police Station after I've been arrested for a DUI in Scottsdale?

by Aaron Black • July 26, 2016
DUI ArrestIf you have been stopped for a DUI in Scottsdale AZ, it is wise to not make the situation any worse than what it already is. With the harshest penalties in the country for a DUI, the following steps can provide your attorney with more ammunition to fight your case with the hope of avoiding a conviction.

If you are arrested for DUI your initial responses can mean all the difference

  • Be polite to the Police Officer at all times
  • When asked provide the Officer your license, registration and insurance
  • Comply with the Officer if you are asked to step out of the vehicle
  • Invoke your 5th Amendment Right to remain silent if the officer asks you if you have been drinking
  • Immediately request a lawyer
  • Politely refuse all field sobriety tests (eye test, walk & turn, 1 leg stand)
  • Respectfully refuse the PBT (Portable breathalyzer Test) The PBT is a small breath machine carried by the officer which can be administered on the side of the road. Contrary to popular belief your license will not be suspended for refusing this test
Once you arrive at the Police Station, DUI van, or hospital the officer will ask for a breath sample or blood depending on the jurisdiction. The breath sample is made from a mouthpiece that looks like it is connected to a computer. You will then be read you the Admin Per Se/Implied Consent Affidavit. Admin Per Se/Implied Consent basically means that your license will be revoked for 1 year if you refuse to give the officer a blood or breath sample. If however you consent to the blood/breath sample your license will only be suspended for 90 days. If you refuse to give the blood/breath sample the police will still move forward with obtaining your blood by applying for a search warrant after which they can hold you down and forcibly draw your blood.

Prior to consenting to the blood/breath sample I encourage you to ask the officer to speak with a lawyer. You can then privately speak to your lawyer to get legal advice before you make a decision to provide samples. If you have requested a lawyer the police must make a phone available for you and allow you time to contact a lawyer and as a DUI lawyer, I urge you to do so. I also recommend that you request an independent blood test after the police have obtained the blood/breath sample from you. By law the Police must give you the opportunity to make arrangements for the test if you have to remain in custody. If you are released from custody under your own recognizance I recommend that you go directly to the hospital and have an independent blood test.

Even though you have invoked your 5th Amendment right to remain silent and you requested a lawyer the arresting officer may still try to ask you a standard set of DUI questions such as how much you drank, when did last drink and eat and how much please do not answer these questions.

In the end the only way to truly save yourself from a DUI is to not drink and drive no matter how little alcohol you have may consumed. If however you have been charged with a DUI click here to contact me for a free consultation 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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