Police don't have the right to stop any vehicle on the road. They need a reason to pull you over based on specific cues. These cues have been established by the National Highway and Traffic Safety Administration (NHTSA) and are observed by watching a car from a distance. These cues are divided into several categories to make them easier for the police to notice. They are as follows:

• Problem maintaining the lane position — This includes cues like swerving, drifting, crossing lane lines, weaving, and nearly hitting a vehicle or object.
• Speed and braking problems — This includes cues like difficulty stopping, accelerating, or decelerating for no reason, driving too slow than the speed limit, and at varying speed
• Vigilance problems — This includes cues like slow to respond to officer's signal, lack of signal at night, driving to an oncoming lane, failure to use a headlight at night, and failure to use a turn signal
• Judgment problems — This includes driving off the roadway, following too closely, stopping when responding to a siren, improper or illegal turns, and unsafe change of lanes

These cues might be something else other than an intoxicated driver. However, if you exhibit several of them simultaneously, the police might become suspicious and pull you over. Once you are pulled over, the officer will question you and probably continue to perform a field sobriety test and a chemical test to prove your DUI. 

Police officers usually pose different questions to motorists at DUI checkpoints. Knowing what questions they could ask you and how you should answer them is the best way to prepare for the situation at hand. Remember, how you answer the questions or handle the situation determines if you will proceed driving to your destination or face a DUI charge. Here are questions that an officer might ask you.

Do you Know Why I Pulled You Over?

The right answer to this question is saying that you don't know why the police pulled you over. A negative answer avoids a possible admission that can be used in court. It helps you from giving the prosecutor or law enforcement officer something to use against you. Below are common questions that you expect from the police officer. 

Can I Have your License, Registration, and Proof of Insurance, Please?

The right thing to do once you are asked for your license, registration, and insurance is to provide them accordingly. Police use this opportunity to determine whether you can multitask and provide the documents. A prolonged delay or failure to provide them would be a sign of intoxication.

Have You Been Drinking Today?

The right answer to this question is saying that you choose to remain silent to avoid incriminating yourself. Admitting that you were drinking, regardless of your BAC level, establishes a probable cause to more questions. However, remaining silent isn't the solution. Therefore, politely decline to answer the question.

Where are You Coming From?

The right answer to this question is saying that you'll not be answering the question or choose to remain silent. Police officers usually ask this question to find a way to prove whether you've been drinking. At the same time, you don't have to lie or sit silent. Therefore, the best way to respond to this question is to assert your right to silence. 

Would You Mind Stepping Out of your Car and Do Field Sobriety Tests?

The right answer depends on the type of test that the police officer intends to undertake. It's mandatory to take a breath test in Arizona when a police officer reasonably believes that you were driving under the influence. However, for other field sobriety tests, you can respectfully decline from taking them.

In Arizona, it's illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08% or more. This applies to non-commercial drivers aged 21 years and above. For commercial drivers, the legal limit is 0.04% and 0.00% for drivers below 21 years old. The 0.00% BAC level for drivers under 21 years means that Arizona is a non-tolerant state for underage DUI. Please note, BAC levels are calculated from breathalyzers and can be less reliable than blood tests. Situations that can cause inaccurate breath test include:

• Inconsistent breathing patterns.
• Presence of mouth alcohol.
• Interference from temperature, radio frequency interference (RFI), or other factors hindering the breathalyzer’s utility and circuity.
• Various medication.
• Medical conditions like GERD or diabetes.

You should also note that having a high BAC does not automatically confirm that you are intoxicated or impaired. Many drivers hold their alcohol well and can drive safely even with high blood alcohol levels. Blood alcohol concentration level is influenced by:

• Gender.
• Weight
• Whether you are full or on an empty stomach.
• How long you have been drinking.
• The alcohol type you consumed.

Finally, note that how a person metabolizes alcohol dictates BAC level in a DUI checkpoint. BAC can take up to two hours to rise. This phenomenon is referred to as "rising blood alcohol" and can cause the breath or blood test to be higher than the actual level at the time you were driving. Therefore, having a BAC level higher than the recommended level at a DUI checkpoint does not necessarily mean that you didn't have a lower BAC than the legal limit while driving. 

Field sobriety tests are NHTSA-approved physical exercises used by the police to determine whether a DUI suspect is under the influence of drugs or alcohol. There are specific clues that the police should look for while detecting intoxication. There are three separate tests used in a field sobriety test. This includes the Horizontal gaze nystagmus, Walk-and-turn test, and one-legged test. Let's have a closer look at each of them. 

The Horizontal Gaze Nystagmus

The horizontal gaze nystagmus is also referred to as the pen test. In this test, suspects should keep their eyes fixed on an officer's penlight as it is moved from side to side. In the meantime, the officer will observe whether there is an involuntary jerking of the suspect's pupil. The involuntary jerking of the pupil is referred to as nystagmus.

Specifically, the officer will be checking these three clues of intoxication:

• Lack of smooth pursuit when the suspect's eye continuously jerks following the police officer's penlight
• Unique nystagmus at a maximum deviation when the suspect's pupil bounces when the penlight is very far to the side of the pupil
• Having an onset before 45 degrees when the officer jerks the penlight at a 45 degrees angle away from your face

The Walk-and-Turn Test

The walk-and-turn test aims at testing a suspect's agility and coordination. In this test, the police officer instructs the suspect to take nine steps heel-to-toe back and forth. You have to keep one foot on the ground as your pivot and count the numbers aloud.

Meanwhile, the police officer will be checking for the following clues to decide whether or not you're intoxicated:

• Ability to balance when then he or she is giving out the instruction
• Whether you're starting to walk even before the officer finishes giving the instruction
• Whether you'll be stopping to steady your gait
• Failure to walk heel-to-toe
• Stepping out of line
• Use of arms to balance yourself
• Losing your balance while turning
• Taking more than nine steps in each direction

When suspects show two or more clues, they are considered to have failed the test.

The One-Legged Stand Test

You have to stand on one leg for the one-legged stand test while the other is extended forward about six inches off the ground. The police officer will be counting aloud to thirty. This test is a divided attention model since it aims to test the suspect's ability to multitask between two activities.

Meanwhile, the officer will be checking four clues of intoxication, which includes the following:

• Whether you'll put your foot down
• Whether you'll hop
• Whether you'll use your arms to find your balance
• Whether you sway while balancing

In this test, exhibiting more than two clues means that you have a failing score. However, incorrectly counting the numbers does not negatively impact your score. Although field sobriety tests are considered to have an accuracy of up to 80%, taking these tests is involuntary. Therefore, you can respectfully decline the test to avoid having the evidence collected used against you in court.

You could lose your driving privileges according to the Arizona Implied Consent law. The officer can also apply for a search warrant from a judge and take your blood for testing. Refusing a chemical test prompts an 'order of suspension' from the police officer that will lead to a suspension of your license for fifteen days from the day of your arrest.

A first-time refusal could lead to an automatic suspension for one year, two years' suspension for a second refusal, and three years for a third suspension. The fifteen-day window allows the suspect to contact the Department of Motor vehicle to schedule a license suspension hearing.

Yes, you can challenge your driver's license suspension through an administrative hearing with the DMV within fifteen days of your arrest. The officer can show up in person or by telephone and testify before the hearing to explain what happened. The officer should prove particular factors on the hearing as you counter them using various arguments. These factors are as follows:

Proving Reasonable Grounds to Why You Were Driving Under the Influence

The DMV hearing officer must confirm that the officer had reasonable grounds to believe that you were in control of your vehicle while under the influence. If you are below 21 years, the officer only has to prove that you had any amount of alcohol in your body.

Proving Your Refusal to take The Chemical Test

The police officer should also prove that you refused to take the chemical test during the administrative hearing. Typically, the officer will explain that you didn't agree to take the test once you were asked to do so, even after being warned of the refusal consequences. 

Proving That You Were Warned

When you refuse to take a chemical test, the police officer should warn you about the refusal's consequences. On the other hand, if you can prove that the officer didn't give you the warning, the hearing officer should overturn the suspension.

Proving that You Were Informed of the Required Notices

A police officer should give you an order of suspension that provides notice of your right to request a hearing. If you can prove that the officer didn't give this notice, there are high chances of beating the suspension. 

Please note that if the hearing officer upholds the suspension, you can file a petition with the superior court within thirty days to review the Department of motor vehicle's decision.

No. Many people charged with DUI crimes think that the charges will be automatically dismissed when the driver fails to read the Miranda warnings. Although Miranda warnings are crucial, when police fail to read them does not automatically lead to a dismissal of your case. Miranda warnings are not constitutional rights but only exist to safeguard your Fifth Amendment privilege against self-incrimination.

Ideally, the police should read Miranda warnings right after an arrest. They must only be given when the suspect is arrested and is under interrogation. Therefore, in a DUI case, the police do not have to read the Miranda warnings when still conducting a DUI investigation while you've been pulled over and the arrest has not yet begun.

However, if the police do not read the Miranda warnings while you're in custody, any evidence collected therein is inadmissible in court. The Miranda warnings are as follows:

• The right to remain silent
• Any statement used against you will be used in court
• You have the right to an attorney during the interrogation
• If you cannot afford an attorney, the court will appoint one for you

Representing yourself in a proceeding can be risky, especially if you don't have any legal experience or background. Lack of quality legal support means that there are chances that your fight will be unsuccessful.

Once you represent yourself, you'll automatically put yourself at a disadvantage. An experienced legal team will lead the prosecution with extensive legal knowledge and experience. They know far more than what you could do, and they will put everything they have forward into building a strong case against you.

Representing yourself also puts you at the risk of being emotionally invested in your case. Some of the statements given by the prosecution might make you utterly defensive, upset, and angry. The court usually scrutinizes every word, action, and expression, which can negatively affect your case. 

If you are licensed outside Arizona, Arizona does not have the right to suspend your driver's license. However, your driving privilege within Arizona can be suspended. Most American states are part of the Driver's License Compact that allows states to share DUI information of their state members. The only states that are not part of the compact include Georgia, Tennessee, Michigan, and Wisconsin.

If your home state falls under the Driver's License Compact, Arizona will send your DUI information to your state's DMV, where you'll be assessed and penalized as per your state's DUI laws. However, you still have to return to Arizona for your court hearing. Failure to do so, the court will give an arrest warrant, which will apply even after you're back in your home state.

It's crucial to have a DUI attorney if you are facing DUI charges. Failure to do so might reduce the chances of reducing your charges and increase the possibility of being convicted with the maximum penalties available for your charges. Here are a few reasons why retaining a DUI attorney can help you. 

Failure to Have a Lawyer can be Expensive in the Long Run

A successful DUI conviction means that you will either end up in jail, prison or pay a hefty fine. However, with the help of an attorney, you will reduce the possibility of paying hefty fines once your allegations are lowered or dismissed. This will not only save you money but will save you from spending time behind bars.

Lawyers Can Challenge Any Evidence

Without proper and relevant legal training, you cannot know whether the police properly obtained particular pieces of evidence used against you or whether the testimony provided by the witnesses contradicts their earlier statements. You cannot also know whether the chemical test results presented by the prosecution are valid.

A Lawyer Will Help with the Paperwork

If you aren't an attorney, you might struggle with the deadlines and protocols needed to file certain documents. One late or incorrect detail can significantly derail your case or have it thrown out altogether while it's not in your favor.

Our DUI defense attorney will help you identify the best DUI defense available to reduce your charges or have them dismissed. The following is a list of some of the common defenses you can use in a DUI charge. 

You were Denied the Right to an Attorney

Everyone has the right to consult with an attorney during a criminal investigation. In DUI investigation, this right is paramount since the investigation's time frames are critical in obtaining independent and exculpatory evidence. Therefore, if your right to an attorney is denied, then your case can be dismissed.

Your attorney will file a motion to dismiss or suppress evidence used by the defense on the grounds of deprivation of the right to counsel.  Your charges will be dismissed if the court finds out that the evidence used against you was based on your deprivation of legal counsel.

The Breath Alcohol Test was Inaccurate

Breathalyzers are used to measure the level of breath alcohol in your blood. This indirect measurement of alcohol levels can lead to inaccurate reading. Specifically, variance in human physiology can lead to different BAC results. The breathalyzer is also inherent to a 10% margin of error, leading to falsely high readings.

Armed with these two factors, your defense attorney can identify breath testing issues that may lead to valid defense to the prosecution’s evidence in consultation with a forensic toxicology expert. 

You Were Illegally Stopped

A police officer must have a reasonable and valid reason to stop your vehicle. A police officer cannot stop a vehicle based on a hunch or a guess. Therefore, if you didn't demonstrate any objective reasons that can justify your stopping, you will be in a better position to dismiss your case or reduce your charges.

Inaccurate Field Sobriety Test Results

Standardized Field sobriety tests are barely 60% - 70% accurate and sometimes can be completely invalid when performed on the elderly, people with disabilities, and overweight. Therefore, your DUI attorney can attack the field sobriety tests when there are questions regarding their effectiveness.