Being arrested is an uncomfortable and anxiety-producing situation, so a police officer may tell you that everything will be fine if you just give the police information. But when you’re stressed by the arrest, you may inadvertently say something that implies guilt or harms your position. This is why it’s vital that you exercise the Constitutional rights given to you, such as the right to remain silent. This right protects you from attempts by officers to trick or confuse you into saying something that is not in your best interest.
In addition to having a Constitutional right to not say anything, you may also refuse to take field sobriety tests. Despite the fact that an officer may make it seem as though you have no choice in the matter, you can decline the request to take field sobriety tests or coordination tests. Such tests are subjective; meaning the officer’s opinion on your balance, coordination and motor skills drives the result of the test. Thus, these results are not objectively verifiable like the results of a blood or breath test and you should not submit to them.
Here’s a video explaining what you should do if pulled over & suspected for a DUI:
It’s important to remember that the Constitutional rights you have do not simply disappear when you are being detained, questioned, or arrested. Even after you have been deprived of your freedom by an officer taking you into custody, you still have rights. Among the most important type of rights are the Miranda Rights, of which the arresting officer must inform you at the time of the arrest. These rights must be read to you before the officer begins asking you questions, as the rights inform you of your ability to refuse to answer questions and to obtain legal advice before offering any statements or admissions.
If any of your Constitutional rights are violated, then the subsequent evidence officers collect as a direct result of the violation will not be admissible in court against you. In other words, if an officer claims you must answer questions or must sign a confession and you do not want to, that evidence can be suppressed.
If you or a loved one has been arrested in Phoenix or anywhere else in Arizona on the suspicion of a DUI or another crime, you need an attorney to fight for your rights. Call DM Cantor any time at 602-737-2812 for a free case consultation. You can also browse our DUI crimes and penalties for more information.