Let’s be honest, no one plans to get pulled over for a DUI. But if you find yourself in this situation, what you do next can make all the difference. At Alatorre Law, I believe that being informed is the first step to staying in control during a DUI stop. The truth is, the decisions you make in those critical moments can impact the outcome of your case. I want you to know that you’re not alone. I’m on your side. My goal is to educate you, empower you, and help you make smart choices if you ever find yourself in this stressful situation.
Whether you’ve had something to drink or not, the way you handle a DUI stop matters. By following the guidance below, you can stay in control and minimize the damage, while I handle the fight in the courtroom. Let’s get started.
First Things First: Stay Calm and Composed
When you see those flashing lights in your rearview mirror, you will probably get nervous, but you shouldn’t panic. Take a deep breath and carefully pull over to a safe location using your turn signals. Stop calmly, park properly, and avoid sudden movements. Believe it or not, the way you handle this first interaction matters. Officers are trained to observe your behavior for “cues of intoxication” like delayed reactions or stopping unsafely. Staying calm and collected can limit the evidence they will use against you.
Step 1: Have Your Paperwork Ready
Before the officer approaches, make sure your license, registration, and proof of insurance are ready and organized. Keep them in an easy-to-access spot like your glove compartment, center console, or visor to avoid fumbling. If it takes you too long to find your documents, the officer may note it as a “cue of impairment,” even if you haven’t had a drop of alcohol.
When the officer asks for your paperwork, hand it over politely. There’s no need for games, just provide what’s required and keep things simple.
Step 2: You Don’t Have to Answer Questions
Once you’ve handed over your documents, the officer will likely ask you questions like:
- “Where are you coming from?”
- “Have you had anything to drink tonight?”
Here’s the key: You are not obligated to answer these questions. The Fifth Amendment gives you the right to remain silent, and in Arizona, you can politely decline to answer without any legal consequence.
A simple response such as, “Officer, I respectfully decline to answer any questions,” is all you need to say. Avoid providing unnecessary information, as it could be used against you later. And whatever you do, don’t lie. Lying to an officer can escalate the situation and potentially lead to additional charges.
Step 3: You Can Decline Field Sobriety Tests
If the officer suspects impairment, they might ask you to perform field sobriety tests. These include:
- The horizontal gaze nystagmus (eye test)
- Walk-and-turn test
- One-leg stand
Here’s what they won’t tell you…You are not legally required to perform these tests. In fact, field sobriety tests are highly subjective and designed for failure. Whether you’re perfectly sober or not, it’s easy to stumble under pressure. If you politely decline, the officer may try to pressure you, but you can stand firm. Say something like, “I respectfully decline to participate in any field sobriety tests.”
They may also ask you to blow into a portable breathalyzer (PBT). This device is unreliable and not admissible for determining your blood alcohol content (BAC) in court. Like the field sobriety tests, you are not required to take this preliminary breath test before an arrest.
Even though the PBT is not admissible, the police officer can still use the numbers as evidence of alcohol in your system. This is true even when you’re below .08, which is the legal limit. They will use anything they can.
Step 4: If Arrested, Understand the Implied Consent Law
If the officer decides to arrest you, things change. In Arizona, we have an “implied consent” law, which means that by driving in the state, you automatically agree to submit to breath and chemical testing after an arrest.
At this point, refusing the tests will lead to a 12-month driver’s license suspension. However, if you comply, the suspension may only last 90 days. While you can technically refuse, I recommend complying post-arrest to avoid harsher penalties.
Remember, after an arrest, you have the right to ask for an attorney. Politely yet confidently state, “I would like to speak to an attorney before answering any further questions.” This triggers important constitutional protections, and it tells the officer you’re serious about protecting your rights.
Step 5: Be Polite but Firm
Throughout the process, the most important things to remember are:
- Be respectful and calm: do not argue, fight, or act combative. Keep quiet.
- Know your rights: you can decline to answer questions and field sobriety tests.
- Call an attorney as soon as possible.
Fighting a DUI charge starts with what happens during the stop. The less you say and do, the better position you’ll be in to fight the case in court. Remember: the side of the road is the cop’s territory, but the courtroom is mine. You can win the fight.
Protect Your Rights
No one plans to get a DUI, but knowing your rights and acting carefully can protect your freedom and your future. If you or someone you care about is facing DUI charges in Arizona, don’t wait. Call Alatorre Law. We’ll fight for you every step of the way.
Arizona has some of the strictest DUI laws in the country, and the penalties can be severe. But the good news is, you have rights. Understanding those rights and knowing how to exercise them can make all the difference between a difficult situation and a legal nightmare. Remember, protect yourself. Stay calm, and give yourself the best possible chance of a positive outcome.
Facing Legal Challenges? Call the Lion of the Courtroom Today.
When you’re in a fight, you need a fierce advocate on your side. Javier Alatorre is the lion of the courtroom, this is his territory, and he’s ready to protect and defend you with confidence and skill. Whether you need guidance for a DUI, criminal charges, or other legal concerns, our team is dedicated to protecting your rights and fighting for the best possible outcome.
With years of experience and a client-first approach, we take the time to listen, educate, and advocate on your behalf. Your future matters, and so does your peace of mind. Don’t wait, contact Alatorre Law today for a free consultation or give us a call at (520) 377-7726. Let us provide the support and legal expertise you deserve.
