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Pulled Over? Know Your DUI Rights


Mesa DUI attorney Charlie Naegle always advises his clients to know their rights and responsibilities before being stopped by a police officer. Following the advice below can help you if you are facing potential DUI charges. The consequences of driving under the influence can be devastating to you and those around you, but false accusations and unnecessary lawsuits can also be harmful to your future. In the event you are pulled over by a police officer, follow these six tips.

1. The Pull Over
As soon as you see headlights, safely pull your car out of traffic and come to a safe stop. Roll your window down and keep your hands visible on the steering wheel. The officer will approach your window and ask to see your driver’s license, proof of registration and insurance. Communicate that you are going to retrieve those items from wherever you store them in your vehicle. Do not get out of the car and do not make any sudden movements without first communicating your intention to the police officer.

Be cooperative and polite when communicating with police officers. Tell the truth, but do not offer any information that is unnecessary or self-incriminating. You have the right to refrain from answering questions until you have consulted with your Mesa DUI attorney.

2. Roadside Tests
If you are asked to step out of the car, you must legally comply. However, you are not required to submit to a Field Sobriety Test (FST). These field tests are unreliable and often challenging even for the unimpaired. Also, the officer’s bias may influence the result of the test, since he or she decides your performance as “pass” or “fail”. Be polite when refusing the officer’s request to submit to a FST or when denying him/her the privilege to search your vehicle.

3. The Breathalyzer
You are not required to submit to a handheld Breathalyzer test. If an officer requests your cooperation, ask to call your attorney. These tests are not the most reliable indicators of intoxication because substances other than alcohol, such as mouthwash, breath fresheners, and some foods can affect the reading. Inconsistent breathing during the test can also provide inaccurate results.

If you are stopped at a DUI checkpoint, you may be asked to complete a breath test using an “Intoxilizer 8000” machine, which has far more accurate results than a portable handheld Breathalyzer. Refusal to do so can result in a one year suspension of your drivers license. If possible, immediately consult with Gilbert DUI attorney Charlie Naegle after submitting to such a test.

4. The Blood Test
You ARE required by law to submit to a blood test. If you refuse, you will be detained until an officer receives a warrant to draw your blood and your license will be suspended for a period of at least one year. (Arizona law enforces such consequences, even if the blood test comes back negative.)

5. Car Tow
Your car will be towed if you must go to the police station or DUI truck for proper blood testing. You will incur fines to retrieve your car from the tow-truck company and your insurance rates will rise substantially.

6. Arrest and Charge
There are a number of charges for which you can be arrested, depending on the outcome of this interaction with the police officer. If you are charged with an Aggravated DUI or if you are not a legal resident of Arizona, you will be detained in jail overnight. In some cases you will simply be given a ticket and information about your DUI charge, then be released and sent home.

Hiring the Right Mesa DUI Attorney

Once you have been charged with DUI immediately consult with the experienced DUI lawyer Mesa AZ knows and trusts: Charlie Naegle. Call today to set up an initial consultation at Naegle & Crider Criminal Defense Attorneys. Charlie Naegle will point you in the right direction, give you necessary legal advice and fight to lessen your penalties.

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