Arizona DUI & Criminal Defense Attorney Blog
How to Protect Your Rights after a Tempe DUI Arrest
If you were arrested for DUI charges in Tempe AZ, you must to everything you can to protect your rights. By preserving your rights, your Tempe DUI lawyer can use them in your defense. Here are 5 important tips that will help you preserve your rights:
1) Never resist arrest – Once the police have decided to arrest you, they rarely change their mind. To become argumentative, or to resist arrest, you will only make your situation worse. The police will add additional and more serious charges (such as resisting arrest, or assault to a police officer). Resisting arrest may also lead to physical harm to you as a result of the police using force to make the arrest.
2) Invoke your Miranda Rights – Following your Tempe DUI arrest, the officer (s) police must read your Miranda Rights. These include “the right to remain silent”; and The right to speak to an attorney before being interrogated. To legally invoke them, you must communicate to the police that you wish to “invoke” your rights. If you just “remain silent” without actually invoking your rights, you will be perceived as uncooperative. If you answer questions relating to the charges, without invoking your Miranda rights, you will waive them.
3) Request a sample of the DUI blood evidence for your Attorney – If your Tempe DUI or Drug DUI charges were based on blood, UA, 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 a Tempe DUI attorney – You should contact and retain a criminal defense attorney who defends Tempe DUI charges. Early retention of proven DUI defense attorney representation is a major factor in building a solid and successful defense.
5) Comply with procedural and administrative requirements – Following your arrest you will need to be photographed and fingerprinted. Refusal to cooperate with administrative and court ordered procedures will be held against you. Your criminal defense attorney will determine if your rights were violated or if police did not follow proper court ordered procedures and protocol. If you rights were violated or police did not follow proper orders, your attorney can then file the proper motions to make legal arguments in your defense. In some cases this can lead to suppression of evidence or dismissal of charges.
Tempe DUI Lawyer for DUI Defense
Experienced Tempe DUI lawyers who defend DUI charges on a regular basis know how to use the laws, evidence, and your constitutional rights in your favor. It is critical for your defense, that you preserve your rights, so that your case is not compromised. The DUI attorney you hire will assure that your rights are protected. It will be up to you to avoid compromising your defense, before that time. By following the basic tips above, you will increase your chance of protecting your rights, so that your Tempe criminal lawyer may consider using any and all of the most strategies available to defend your case.