Know Your Legal Rights
Scottsdale DUI officers will begin to build their case against you from the moment they approach your car. By exercising your rights to remain silent, not submit to roadside
field sobriety tests and asking to speak with an attorney, you can substantially reduce the possibility of being arrested or later convicted of
DUI. Scottsdale DUI police seldom, if ever, notify you of these rights and it is your responsibility to educate yourself and exercise these protections that we all share.
Rest assured that when the police engage in seemingly innocent small talk, they are paying careful attention to your speech patterns, the odor of your breath and your ability respond appropriately. Although you are required to provide your license, registration and proof of insurance, you are not obligated to answer any police questions. A common misconception shared by many Scottsdale drivers is that the right to remain silent begins only after the police make an arrest. Although the police are generally required to notify you of your right to remain silent after you are arrested, you can exercise that right at any point. In other words, you do not have to say anything even if the police have not yet advised you of that right. While you should comply with the orders of the police to produce your documentation and exit your car, Scottsdale DUI Attorney Joshua S. Davidson recommends that you politely inform the officer that you wish to have an attorney present before answering any questions. Many drivers wrongly assume that if they ask for a lawyer, they will look guilty and raise the suspicions of the police. The reality of the matter is that the police may already have targeted you for a possible DUI arrest before you even ask for an attorney. If the police disregard your request for a lawyer and continue questioning you, a skilled Scottsdale DUI Attorney may be able to have your charges later dismissed.
Your Right to Refuse Testing
A common police tactic is to request your participation in roadside field sobriety tests just to “make sure you are okay to drive”. These tests could include walking heel-to-toe on an imaginary line, looking at a pen or flashlight being waived in front of your face, standing on one leg, or touching your nose with your eyes closed. Because these tests are essentially designed for failure and your “results” are based on the officer’s subjective assessment of your performance, most Scottsdale DUI Lawyer will strongly urge you to not take them. Remember, the police cannot arrest you unless they have probable cause. Often, your performance on these “tests” will give the officer the last bit of evidence he or she needs to arrest you and obtain a blood sample. Your decision to not take the tests might be considered by a jury at trial if the case ever proceeds to that stage. Nevertheless, Scottsdale Drunk Driving Lawyer Joshua S. Davidson believes that taking the tests can be far more damaging to your situation.
If you are arrested for DUI and the police demand a blood sample, you should immediately ask to consult with an attorney. Under Arizona DUI law, the police are required to provide you with the opportunity to privately consult with an attorney provided it does not interfere with their investigation. If the police don’t honor your request, a skilled DUI attorney may be able to seek a dismissal based on the police officer’s interference with your constitution right to counsel. Scottsdale Attorney Joshua S. Davidson is available for consultation 24 hours a day and will gladly accept your call if you are being asked to give a blood sample. The decision of whether to voluntarily take a blood test should be evaluated on a case by case basis by an experienced Scottsdale DUI Lawyer like Mr. Davidson.
Attorney Available 24 Hours a Day
Finally, you have the right to say no when a cop asks you to blow into a handheld portable breath testing device. These machines are so unreliable that their results are not allowed in court. Scottsdale DUI Attorney Joshua S. Davidson has personally handled cases where the portable breath test result overstated the actual BAC by 300%. The results from this machine can be used to justify your arrest and seize your car for 30 days.
Many Scottsdale DUI cases involve accidents. Under Arizona law, drivers are required to stop and provide assistance if they are involved in a accident that causes physical injury, even if they are not at fault. Depending on the extent of the injuries involved and who as at fault, the Scottsdale Hit and Run offense can be classified as severely as a class 2 felony. The maximum penalty for this offense is 12.5 years in the Arizona Department of Corrections and the law requires this sentence to be served consecutive to any other conviction arising from the accident such as:
Scottsdale Leaving the Scene of an Accident Attorney Joshua S. Davidson is a former felony prosecutor who knows how Hit and Run cases are investigated and prosecuted. The penalties for leaving the scene of an accident can be severe and it is important that you have a Scottsdale Lawyer who knows how do develop effective defense strategies by using accident reconstructionists and other automotive experts.