About Me

My photo
I am an attorney and law firm owner who practices in both Criminal Defense and Family Law matters. Please visit our website at www.PhoenixLawFirm.com or call my office at 623-738-5291 for a free consultation.

Monday, December 31, 2012

Five DUI Do's and Don'ts

Five DUI Do’s and Don’ts1.  DO be polite and courteous to the Officer.   They are just trying to do their job, but even more importantly they can make your life much easier or much harder.  Simple decisions like whether to tow your vehicle or not are up to them.  Be nice to them and it is more likely that they will be nice back to you.

DO NOT take the Portable Breathalyzer Test or PBT.  It is highly inaccurate and the results are not likely to help you in any way.   The PBT is a small Breathalyzer test that is given on the side of the road.  It will be a hand held device that the officer will have you blow in to.  This will only give the officer more probable cause to arrest you and suspend your license.  Politely refuse but tell them you will consent to the blood 

DO NOT do the Horizontal Gaze Nystagmus or HGN test.  This is the test where the Officer tells you to look forward and follow either their finger or a small light with your eyes.  This is a very subjective test and the results will most likely be hurtful to your case.  Politely decline when the officer requests that you do the test.

DO NOT do the Field Sobriety Tests or FST’s.  These are the physical tests that the officer does on the side of the road such as walk in a straight line, raise your foot and count, lean back and touch your finger to your nose, etc.  These are very subjective tests and I have never seen them helpful to a client’s case.  Politely decline to take them.

DO let them draw your blood for a Blood Alcohol test.  If you refuse to do this test, then they will quickly get a warrant and do it anyway, but then your driver’s license will be automatically suspended for a year.  Therefore, you do have to let them do this test.  

While the best way to avoid a DUI is to of course not drive after you have had any alcohol, following these five easy steps will increase the chances that your attorney will be able to get you a positive outcome in your case.  

If you have gotten a DUI, call our office for a free consultation to go over your legal options.  The earlier in the case you get a private attorney involved, the more they will be able to do in your case.