What to Do if Stopped for a DUI

Because you never know when you, a friend you are driving with, or a family member, can get pulled over, it is best to be prepared.  Enter the word “Lawyer” into your phone, and then put (DM Cantor) next to it in parentheses.  Down the road, you may be panicked and forget our specific name, or you may instruct somebody you know to look into your phone, and it’s easiest to look to find the word “Lawyer.”  Enter our phone number of 1-602-307-0808, and we will answer your call 24 hours a day, 7 days a week, via an answering service.  If it is an emergency, they will then patch you through to one of our Lawyers who is carrying the 24-hour on-call emergency pager phone.  We have your back 24 hours a day!

If you are pulled over and Officer asks you “have you been drinking,” then this is the beginning of the official DUI investigation.  You should be polite and courteous and provide your driver’s license, registration, and insurance.  However, once questions regarding drinking have been asked, you should state that “I am not going to answer any questions or do any tests until I consult with my lawyer.”  This is a much better answer than how much you actually had to drink, lying, and stating you had nothing to drink.  Yes, they most like will arrest you and take you down to the station, but they were going to do that anyway.

Next, also refuse any Field Sobriety Tests once they get you to step out of the car.  They will try to put a pen or a light in front of your eyes and they will ask you to “follow it.”  This is what’s known as the Horizontal Gaze Nystagmus (HGN) test.  Do not do it!  After you refuse Field Sobriety Tests they will then ask you to blow into a Portable Breath Test.  Again, refuse.  When both of these things happen, you need to say, “Officer, if I am not free to go, then I need to call my lawyer.”  Once they take you to the station, you will be allowed to call us and we will immediately call you back.  We’ll ask you to ask the officer for a private phone call so we can give you advice on whether to take, or refuse the blood, breath, or urine test.  Lastly, we will have you request to be released so you can secure an Independent Test at a hospital.  Although, most people don’t actually do the test once they are released, those who are not released almost always have a defense and can get their blood test Suppressed, due to the Officer interfering with you Right to Gather Exculpatory Evidence.  We will ask you to come in and visit with us the next day in order to consult with DM Cantor regarding your defenses.

As always, the best strategy is always to have a designated driver or take Uber, Lyft, etc. if you are going to go out for the evening and have some drinks.