If you were recently arrested for drunk driving, you should know some common pitfalls to avoid. Our Phoenix DUI attorneys have compiled a list of things that you should and shouldn't do if you are arrested for DUI.
Important Do’s and Don’ts
Do use your right to remain silent. If you are arrested for DUI, the law enforcement official is required to inform you of your rights under the law. One of those rights is the right to remain silent, because anything you say can and likely will be used against you in court. You do not have to answer any questions. This also means that you can contact an attorney to assist you in answering those questions. A Phoenix DUI lawyer can help you answer in a way that will most benefit your case.
Don't forego your right to request an administrative license hearing if you have been arrested for drunk driving. In Arizona, this is called a Motor Vehicle Department (MVD) hearing. This is completely separate from your criminal hearing, and only has to do with your driving privileges and license. If you do not request this hearing, then your license will go into automatic suspension. There is no guarantee that an MVD hearing will result in a restoration of your driving privileges, but it is your chance to fight for this.
Do familiarize yourself with the penalties following an arrest. Although you have not been convicted of a crime at this point, there will be driving sanctions against you. An arrest for drunk driving means that you are issued a temporary driving permit until your license is either suspended or restored to you because of a successful administrative hearing. Either way, be sure to know your rights and restrictions so as to avoid additional penalties.
Don't refuse a chemical test. In Arizona, it is illegal to refuse a chemical test. There are three types of chemical tests: breath, blood and urine. For cases involving alcohol, breath tests are most commonly used. You are only required to take a test after a lawful arrest. Refusing a chemical test can result in an automatic license suspension. Some people are even cited for chemical test refusal after improperly attempting a chemical test.
Do make sure to show up at all required court dates and hearings. Failure to do so can result in additional penalties. If you aren't sure about your required court appearances, speak with an attorney at Knowles Law Firm, PLC immediately.
Don't attempt to flee from the police. If you see flashing lights in your rearview mirror, or notice a sobriety checkpoint up the road, it can be intimidating. Even one drink in your system can be enough to make you nervous. Don't let that anxiety compel you to flee the scene. This can result in even worse criminal charges.
Do have confidence. Remember, you are innocent until proven guilty, even if it seems as if the evidence is stacked up against you. You also have the right to legal representation. With Knowles Law Firm's criminal defense lawyers on your side, you can be confident in the strength of your representation and the knowledge of your advocate.
Don't admit to any fault in the event of a DUI accident or any other type of drunk driving arrest for that matter. Remember that you have the right to remain silent. If you have been involved in an accident and law enforcement believe that drugs or intoxication may have been a factor, then avoid any sort of admission of guilt following an accident.
To learn more helpful do's and don'ts about DUI arrests, please don't hesitate to contact our firm! Knowles Law Firm, PLC provides free initial consultations.