Table of Contents
ToggleGetting pulled over for a DUI feels like the end of the world. However, you still have certain rights. According to Arizona Legislation, it is illegal for an alcohol concentration of .08 or more while driving. Even if you fail a breath test, you might have a defense case.
See below to learn more about illegal traffic stops and how they might prevent a DUI charge against you. DUI charges are far from predictable, so anything that helps your defense might swing the case in your favor.
What is an illegal stop?
The first thing to address is the legality of your traffic stop. Unfortunately, proving the unconstitutionality of the police’s actions is tough. Technically, police need probable cause to pull you over. However, they might use any minor traffic offense as an excuse to pull you over. This might be a broken taillight, driving over the speed limit or failure to signal. Police cannot use intuition or guesswork as a reason for pulling you over. So, if they cannot sight any reasonable suspicion before your traffic stop, the court might dismiss your case even with sufficient evidence of your intoxication.
What can I refuse?
Even if you suspect a police officer pulled you over illegally, it is in your best interest to comply with the officer to a certain extent. You do not have to submit to a field sobriety test or permit the search of your vehicle without probable cause. Arizona is also an implied consent state, so refusing a breath test may result in the automatic suspension of your license.
Always speak politely with police officers. You will not help your situation by arguing with them. Know what you can and cannot refuse and remain calm.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
Schedule your Consultation Now
Practice areas
-
Tempe
-
Lake Havasu City
-
Apache Junction
-
Parker
