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DUI Stop by Police: Rights you have (and don’t have) at a DUI Traffic Stop in Arizona

An individual has rights afforded to them by the U.S. Constitution; the Arizona State Constitution; Arizona Laws; and Procedural, Protocol and Criminal Court rights, and basic Civil Human Rights.

Your Rights at a DUI Stop in Chandler, AZ

  • You have the right not to be  pulled over for a traffic stop unless police have reasonable suspension that a violation of the law has occurred or is in progress;
  • You have the right against self-incrimination. Once stopped, you have the right to refrain from answering questions concerning where you were going or returning from, and anything you consumed or ingested prior to the stop (use caution prior to an arrest, because you may raise suspicion of criminal conduct in this case);
  • You have the right against use of excessive force, or police brutality;
  • You right to be read the Miranda Warning after an arrest, and before interrogation;
  • You have the right to calmly leave if the officer does not intend to place you under arrest. However, you should always verify with police, that you are not under arrest, and your intention to calming leave;
  • After an arrest you have the right to remain silent, and a right to legal defense. You must invoke your right by verbally announcing your wishes to do so;
  • Freedom from unwanted search and seizure, without your consent, unless illegal substances or items are in “plain sight”, or they have a valid search warrant for the search;
  • Right to refuse Field Sobriety Testing (FSTs), including eye tests;
  • Right to request that the police preserve a second sample of blood tests; other chemical test samples; and breath test results for your defense;
  • You have the right to obtain an independent test, and to be released to do so, if detained;
  • Right against false arrest;
  • Right against “use of excessive force by police”, police brutality, and “cruel and unusual” punishment.

Rights You Do Not Have at a DUI Stop

  • Disobedience to instructions given by an officer;
  • You do not have the right to continue driving if police signal you to pull over;
  • You do not have the right to refuse  providing information related to your identity and residency; driver’s license, auto registration; and proof of insurance; if requested by the officer;
  • You do not have the right to resist breath tests without civil penalties; refusal of a breath test will result in automatic one year loss of driver’s license;
  • You do not have the right to deny blood or chemical test, if police get an immediate warrant; This is “Implied Consent” as a condition to driving privileges in Arizona;
  • You do not have the right to walk away from police until you are excused to leave;
  • You do not have the right to resist arrest;
  • You do not have the right of belligerency against police ;
  • You do not have the right to assault a police officer or to reach for their weapons;
  • You do not have the right to legal counsel prior to arrest;
  • You do not have the right to be read your Miranda Rights until after an arrest is made.

DUI Stop in Chandler AZ

If you are facing DUI charges in Chandler, you should consult a Maricopa County criminal attorney to discuss you matter and defense options for legal representation. There may be defenses you are not aware of that apply to your case. If your constitutional rights have been violated, and it is material to your charges. This can result in suppression of evidence, and lead to case dismissal.

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