Protecting Your Rights After a Phoenix DUI Arrest

“5 Things to do after a Phoenix DUI arrest to preserve your DUI defenses.”

If you have been arrested for criminal or DUI charges in Phoenix AZ, you must preserve your rights, so that your DUI attorney may use them to defend you. This will allow your criminal attorney to utilize any possible defenses pertaining to your case that could lead to a dismissal.

Here are some important rights to know and things you can do protect them:

1)       Do not resist arrest – Once the police have made up their minds to arrest you, they rarely if ever change it. To argue with police or resist will only lead to additional serious charges being made against you by police.  Resisting arrest may also lead to possible physical harm resulting from use of force by police to make the arrest.

2)      Invoke your Miranda Rights – Following a DUI arrest in Phoenix, and before any questioning, the police should have read your Miranda Rights which include (A.). The right to remain silent; and (B) The right to speak to an attorney before interrogation. To invoke them, you must communicate to the police that you wish to invoke these rights. If you simply “remain silent” without expressly invoking your rights, you will be perceived as uncooperative.  If you answer interrogation questions without invoking your Miranda rights, you automatically waive them.

3)      Request a sample of the DUI blood test for your defense – If the DUI or Drug DUI charges were based on blood, urinalysis, or other chemical testing, request a second sample be drawn and preserved for your criminal defense lawyer.  If needed, they will have it re-tested at an independent lab, for the results to be compared with police evidence results.

4)      Consult an attorney who defends Phoenix DUI charges – You should contact and retain a criminal defense attorney as soon as possible. Early retention of legal representation allows your attorney to evaluate key evidence, build and present a solid defense on your behalf.

5)      Comply with police procedures and administrative requirements – Following your arrest you will likely be required to be photographed and fingerprinted. Refusal to cooperative with protocol will be held against you and simply make matters worse for you. Your criminal defense attorney will evaluate whether or not the police procedures and protocol for which you were subject, was legal and justified. If your rights were violated or police did not follow proper protocol, your attorney may have a legal argument to use in your defense.