Right to Remain Silent
You have the right to remain silent. Exercise this right. When an officer tells you that anything you say can and will be used against you, be assured that an officer will use everything that you say to incriminate you. When approached by a law enforcement officer at a potential crime scene, one should immediately, yet respectfully, explain that they are refusing to answer any questions. If the officer insists that you should provide information about the situation, it is imperative that you respectfully and firmly state your desire to remain silent.
All too often, a suspect at a potential crime scene is his own worst enemy. When officers ask information, other than biographical information (name, date of birth, etc...), they are looking for evidence of a crime. Therefore, when a potential drunk driver says that she only had four beers instead of truthfully saying that she had seven mixed drinks, she has done herself a disservice for two reasons: 1) She has lied to a police officer, which is never appropriate; and 2) She has incriminated herself by admitting to consuming alcohol. The most appropriate response would have been to simply tell the officer that she was not going to answer any of his questions.
Right to an Attorney
An individual has the right to an attorney during a DUI investigation. Exercise this right. Whether an officer tells you that you have this right or not, if you believe that you are being investigated for a crime, you should immediately tell the officer that you are refusing to answer questions and request the assistance of an attorney. This means that the may not interfere with an individual's ability to call an attorney and have a private consultation with that attorney. Additionally, you have the right to receive a telephone call from an attorney even if you are at a police station.
For the most part, officers know and respect the notion that all individuals have the right to remain silent and consult with an attorney. Therefore, the majority of police officers will immediately cease all questioning as soon as an attorney is requested. If you happen to come across an officer who appears to be ignoring these important rights, simply restate your desire to have an attorney present until that officer understands that his attempts to solicit incriminating information are useless.
Right to Refuse Sobriety Tests
Just as you have the right to refuse to answer questions, you have the right to refuse to submit to incriminating sobriety tests. There is no reason why any motorist, regardless of his state of sobriety, should submit to any of these tests. Examples of these tests are the hand-held portable breath test, the eye test, the walk-and-turn test, or any other test where an officer is trying to determine the level of your sobriety.
WARNING: Arizona's Implied Consent Law requires an individual to submit to a blood, breath or urine test. While an individual has the power to refuse, he does not have the right to refuse. A refusal will result in a suspension of that individual's driver's license, and the officer has the ability to obtain a search warrant to obtain a blood, breath or urine sample regardless of your desire.
Right to Have an Independent Sample
During the DUI investigation, the police are likely to obtain a sample of the driver's blood, breath, or urine. If the officer obtains a sample of an individual's blood or urine, that person has the statutory right to obtain an independent scientific test. More importantly, the police can not unreasonably interfere with an accused's right to obtain this independent sample. Therefore, after asserting your right to remain silent, your right to an attorney, and your right to refuse sobriety tests, politely indicate that you wish to obtain an independent sample of your blood or urine.
WARNING: Arizona law has provided that a DUI suspect does not have the right to have the police preserve a breath sample for independent testing. Therefore, if the officer performed a breath test, indicate that you wish to obtain an independent sample of your blood.
