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| Never a sight you want to see. Getting pulled over by the police while on vacation. |
Why it is important to speak with a Phoenix DUI Lawyer if pulled over on Vacation
Vacation is supposed to be a great time when you get to
relax and enjoy yourself. Part of enjoying yourself may include dining out and
having drinks, whether over dinner, in a bar, among friends or even on the lake.
But when cocktails are part of your travel plans, you should consider that
local laws can be much different from the laws of your home state.
Arizona is one of the best states in the country for driving
conditions. But it also has some of the strictest DUI laws in the United States,
when it comes to driving under the influence. These laws are frequently used
over holidays such as New Year’s Eve, Memorial Day, Fourth of July and Labor
Day. Because these are days when most Americans get behind the wheel after having alcohol.
In fact, according to the U.S. Department of Transportation, three people are killed in the United States due to
a drunk driving accident every two hours, regardless of day of the week or time
of year. Such accidents can
be catastrophic for all involved, leading to serious injuries and property
damage, when fatalities do not occur.
You may think while you are on vacation in Arizona, dui laws
will be gentler on you because you are a “tourist.” But that is simply not the
case. There is no flexibility for drinking and driving in the state, even for
visitors enjoying their time off from work and home life. Tourists can still be
charged with DUI and will still have to handle their court matters. If you
decide to drive after having some alcoholic beverages, you must be prepared to
suffer the consequences of that decision.
How Arizona DUI Laws Are Different
Arizona is known for its tough stance on DUI offenders. The
state’s laws are some of the toughest in the U.S., with some of the penalties
including:
- Mandatory prison terms
- Probation or parole
- Suspension or revocation of your license
- Ignition Interlock Device installation in your car
- Loss of insurance and requirement for SR22 insurance
- Community service terms
- Court required driving school attendance
- Impounding of your vehicle for a minimum period of time
- Thousands of dollars of fees and fines
What if you are an out-of-state visitor arrested for DUI?
Whether you are on vacation as a tourist in Arizona, are
attending a football game or go to college as a resident of another state, you
can be pulled over and charged with DUI just like a resident. There may be some
levity in how experienced attorneys can handle your case, such as by telephone or
in coordination with your state’s Department of Motor Vehicles. But that may be
where the levity ends in the eyes of the court. Your driving privileges can
still be lost in your home state.
What if you refuse to take a blood or breath test in Arizona?
In Arizona, you can refuse to take a breath test before
arrest for DUI. But if you refuse to take a blood or breath test after arrest,
you can suffer penalties even if you are not convicted of DUI. Arizona has
“implied consent” laws that cover these tests. A police officer can obtain a
search warrant that requires you to provide a blood sample, even if you refuse.
Can you refuse to take a field sobriety test?
You can refuse to take a field sobriety test, such as an eye
test, walk and turn, finger-to-nose or one leg stand. These are all voluntary
in Arizona. You should refuse to take them, in fact. There are many factors
that can affect the outcome of these tests, unlike blood or breath tests which
provide concrete results.
Before a police officer asks you to take a field sobriety test, do you have
the right to an attorney?
In Arizona, you have the right to an attorney after arrested and following reading of your Miranda Rights. Field sobriety tests are given simply
to acquire evidence to be used against you. This is why it is recommended that
you refuse field sobriety tests and ask to speak with an attorney.
Should you answer an officer if asked if you have been drinking?
Do not answer an officer when asked if you have been
drinking, as your answer can be used against you in court. Under the United
States Constitution, you have the right to remain silent and the right not to incriminate yourself. Simply decline to answer the question with a polite
demeanor and ask to call your lawyer at the Law Offices of David Michael
Cantor.
If I am pulled over and charged with DUI in Arizona, how do I know which
attorney to choose?
Your first call after being pulled over for DUI while on
vacation in Arizona should be to the Law Offices of David Michael Cantor. They will provide you with a free, no-obligation
case analysis before you commit to being represented for your Arizona charges.
David Cantor knows how to represent out-of-state visitors charged with
DUI and other crimes, often without you having to return to the state to attend
court or handle other matters. Call 602.307.0808 to speak with your attorney
now.
