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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Was your traffic stop legal?

In Arizona, authorities are constantly on the lookout for drunk drivers, in order to keep the roads as safe as possible. If officers suspect that you may be intoxicated behind the wheel, there is a chance that they will stop and question you. However, there are several rules to which officers must adhere during a traffic stop for their actions to be considered legal.

  • A neutral policy must be used for selecting which vehicles to stop, unless there is adequate reason to single them out. This could include erratic driving, or visible faults with your vehicle.
  • If you are taken into police custody, your Miranda rights must be read to you. Otherwise any evidence collected is unlikely to be admissible in court.

However, police may still question you before you are taken into their custody. Furthermore, they may ask you to submit to a number of tests to determine your sobriety. You do not have to submit to these tests unless a court order is acquired to obtain a sample from you. This is occasionally done so officers can perform a blood draw.

As this article on DUI arrests explains, in some states it is possible to receive advice from an attorney before deciding whether you are willing to adhere to such tests. However, this does not apply everywhere, so it is important to know your rights in your home state.

Whatever the case, if you are faced with DUI charges, an attorney could be extremely helpful. He or she can explain the charges against you and the penalties you might expect. Your attorney may also be able to assist you with your defense and support you as you work to clear your name and avoid conviction.

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