What You Need to Know

What are the police looking for before they stop my vehicle?

A police officer is justified in pulling over your vehicle if he or she reasonably believes you are operating that vehicle in an unreasonable or unsafe fashion. Officers look for symptoms of impairment such as swerving, excessive speed or extreme slowness, failure to use headlights, and failure to follow posted signs and traffic signals, as well as many other abnormal driving patterns, to justify their belief you may be intoxicated. The National Highway Transportation Safety Administration (NHTSA) has established a number of things officers are trained to look for to indicate a driver is intoxicated. These signs are:

• Turning with an abnormally wide radius, abrupt or illegal turns
• Drifting over into the center of a lane, or crossing a lane marker
• Swerving or weaving
• Coming too close to other vehicles or objects
• Tailgaiting
• Driving extremely slow (usually under 10 miles per hour)
• Inappropriate stops (either without reason or without regard to traffic signals)
• Driving on other than the designated street or highway
• Erratic braking patterns or failure to activate headlights
• The appearance of intoxication (this can include tightly gripping the steering wheel, actual drinking in the vehicle, and/or inappropriate gestures or body language, etc.)

What are the police looking for when they stop my vehicle?

Police officers go through specific training to learn how to do a DUI investigation, and there are several general characteristics of intoxication they are taught to look for. While there are certainly a number of explanations for the existence of any of these symptoms, the presence of one or more of these symptoms may lend credibility to the officer’s suspicion that you are intoxicated:

• A red or flushed face
• Eyes that are watery, red and/or bloodshot
• An odor of alcohol on the breath
• Slurred speech or difficulty in communicating
• Disorientation
• Fumbling when looking for driver’s license or car registration
• Difficulty in following officer’s instructions or answering questions
• Difficulty in maintaining balance when exiting vehicle; falling, swaying or stumbling
• Inappropriate responses to officer’s questions; this could be either acting combative and rude, or by being overly cheerful and seemingly unaware of the seriousness of the situation

Do I have to submit to field sobriety tests?

No! If you are stopped for suspicion of DUI, the police officer will probably request that you perform field sobriety tests, such as standing on one leg, touching your finger to your nose, reciting or writing numbers and/or the alphabet, walking and turning, or horizontal gaze nystagmus (a test in which you will be asked to follow the top of a pen being moved in front of your eyes).

You have an absolute right to refuse to submit to any and all field sobriety tests. If you do agree to submit to the tests, it is up to the officer to interpret how he or she believes you performed. There are a multitude of reasons some people have difficulty performing these tests that have nothing to do with intoxication. Remember, an officer conducting a DUI investigation interprets your results and is looking for reasons to arrest you!

Do I have to submit to a breath and/or blood test?

Yes! In Arizona there is something called the "Implied Consent Law" which means that if you operate a motor vehicle in the state, you have already given consent to have your breath, blood, urine, or other bodily substance tested for determination of alcohol concentration or drug content, should you be arrested for DUI.

What if I refuse to submit to a breath and/or blood test?

Because of the nature of Arizona’s "Implied Consent Law" if you refuse to submit to testing, your driver’s license will be suspended for one year. Your license may be suspended even if you are ultimately found not guilty of the DUI charge. Also, if you refuse to submit to the test, an officer may get a search warrant that will allow him to draw your blood. You can then be physically restrained and your blood forcibly removed.

Can I choose which test (either breath or blood) to take?

No. Under Arizona law, the investigating police officer chooses the test type, and it is administered at the officer’s direction.

Should I ask to speak to a lawyer?

Yes! You do not have a constitutional right to speak with a lawyer until you are under arrest. When the officer reads you the Miranda rights ("you have the right to remain silent…"), you are under arrest and you should immediately request to speak with an attorney. You do not have to answer any of the officer’s questions and you have the right to remain completely silent. It is in your best interest not to answer questions regarding what you think your level of impairment is, or whether or not you had anything to drink.

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Law Office of Alfred McDonald, P.C.
4578 East Camp Lowell Drive Tucson, Arizona 85712
Phone: 520.884.5201  /  Fax: 520.884.5079
e-mail: notguilty@arizonadefender.com

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