Keeping Calm at an AZ DUI Checkpoint

Arizona is known for its tough DUI laws, so it’s no surprise that DUI checkpoints pop up throughout the state on a regular basis. As intimidating and frustrating as getting caught up in a checkpoint can be, it’s important to realize that DUI checkpoints are upheld under the federal constitution, so you will need to stay calm and be cordial. Just because you’re being cordial, though, doesn’t mean that you shouldn’t know your rights and be prepared to protect yourself. Here are a few suggestions to help you stay calm and to be smart as you navigate an Arizona DUI checkpoint.

Know Before You Go

The best way to avoid the panic of a DUI checkpoint is to do a little research before heading out for the night. Pay attention to the news and social media to learn when and where checkpoints will be set up in your area. Be aware of the fact that checkpoints are more likely during holidays, special events, or on weekends. By preparing in advance, you can avoid roadblocks wherever possible and make better decisions throughout your evening.

Have your Paperwork Handy

If stopped at a DUI checkpoint, an Arizona police officer may ask to see your driver license, registration, or proof of auto insurance. To avoid stress, it’s wise to make sure that your paperwork is always inside your vehicle, stored in a safe place that can be easily accessed upon request.

Know Who and What’s In Your Car

As a licensed driver, you’re responsible for who and what may be found inside your automobile during a traffic stop like a DUI checkpoint. Make sure that there aren’t any open alcohol containers in any part of your vehicle and never allow illegal drugs or paraphernalia inside your car or truck. If certain medications are needed, make sure that the proper prescriptions and documents are in order upon request. Avoid driving with passengers who are under the influence of illegal drugs, as this can raise suspicions with the police.

Avoid Self-Incrimination

When stopped at a DUI checkpoint, it’s smart to avoid supplying any more information than you absolutely have to. In the event that the officer asks a question to which you believe an answer may put you at risk, remember that you have the legal right to remain silent in order to avoid self-incrimination. Plus, you have the right of refusal to perform field sobriety tests unless the officer has a warrant or probable cause. Always remain polite and respectful – even when you choose to decline to follow a request. And, of course, you can ask that an attorney like Schill Law Group be present at any time if you feel that the situation is taking a turn for the worse.

Show Respect

Although a DUI checkpoint may be annoying, it’s wise to remember that these stops aren’t intended to inconvenience you. Instead, checkpoints exist in an effort to discover people who are breaking the law and, ultimately, to keep you and your loved ones safe. With this in mind, remember to be courteous and respectful to the police. Calmly declining to meet a request with your civil rights in mind is much different than being hostile and argumentative, and any signs of aggression could be met with suspicion and further consequences.

There’s no reason why you should let an Arizona DUI checkpoint get the better of you. Taking the time to understand what to expect and to learn how to handle yourself at a checkpoint will empower you to stay safe and calm.

Do you have further questions about what to do when stopped at a DUI checkpoint in Arizona? Have you or a loved one been arrested as the result of a DUI checkpoint? The experts at Schill Law Group are here to help. Give us a call for a case consultation today.

Can I Refuse a Breathalyzer Test in Arizona?

You’ve just pulled out of the parking lot after enjoying a happy hour cocktail with your co-workers when you see the flash of red and white lights in your rear-view mirror. As your heart sinks, you stop your car on the shoulder, watch as the police officer approaches your window, and hear those few simple words:

“Have you had anything to drink tonight?”

What do you do? If you’re like many other Arizona drivers, you may feel a bit unclear about what your legal rights are in this situation. Should you answer the police officer’s questions? What should you do if the officer asks you to consent to a breathalyzer or field sobriety test?

First Things First

Prior to requesting a field sobriety test or breathalyzer, a police officer will likely ask you if you’ve had anything to drink and may ask about the quantity of alcohol that you might have consumed. At this point, the officer is attempting to gather evidence against you. Answering in the affirmative – regardless of how much you’ve had to drink or how long ago you finished your drink – is immediately incriminating. It is important to remember that you have the right to remain silent. At this point, it’s typically best to ask the officer whether or not you are being detained and to let him or her know that you would like to contact an attorney. In fact, what many drivers don’t realize is that you are entitled to an attorney at absolutely any point while conversing with an officer, even before you are arrested or detained.

The Breathalyzer Test

If the officer suspects that you are under the influence of alcohol, he or she may ask you to submit to a breathalyzer test. Refusal to comply with the breathalyzer test will complicate things for you, so it is always best to ask to have an attorney present so that you can be advised of your legal rights accordingly. The Schill Law Group has a great deal of experience in this area and our job is to protect our clients from unintentionally making a bad situation much worse.

Understanding “Implied Consent”

Arizona’s “Implied Consent” law states that if an individual has been pulled over and arrested for a DUI, then he or she is presumed to have offered their consent (implicitly) for chemical testing, such as a breathalyzer test. Those who refuse to comply with this law will automatically have their driver’s license revoked for a minimum of one year. Yes, you do have 15 days to request a hearing on the suspension, but this is absolutely not something you should rely on. Refusal to consent to a breathalyzer or other chemical test after an arrest is made could result in the officer obtaining a search warrant, allowing him or her to require you to provide a blood sample.

Consulting with an Attorney

You can legally request the presence of an attorney at any time after being pulled over for a suspected DUI. You may seek counsel even before submitting to a breathalyzer test and we would recommend that you exercise this right whenever you feel that it is prudent in the given situation. Consulting with an attorney before incriminating yourself can save you from compounding an already difficult situation, not to mention potential legal costs and severe punishment.

Were you pulled over for a DUI in Arizona? Schill Law Group can help. Give us a call to set up a free case evaluation today.