The U.S. Supreme Court is considering whether police must get a warrant before ordering a blood test on an unwilling driver suspected of drunk driving. The case stems from a Missouri arrest where the arresting officer had sufficient evidence to obtain a warrant, but chose not to. Instead, the suspect, already convicted for DUI twice in the past, was taken to the hospital where blood was drawn. [Read the full article]
Know your rights!
You should always ask to speak with a lawyer prior to submitting to any chemical test. Remember, you have a right to speak to a lawyer and asking for an attorney will not hurt your case in court! Law enforcement, upon a request to speak to an attorney prior to chemical tests, must provide the suspect with access to a private phone and a phone book and must give sufficient time to contact and confer with an attorney. However, the desire to speak with an attorney cannot permanently delay the chemical test.
If after requesting an attempt to contact an attorney, you are requested to privide a sample, you should still submit to a test of your blood, breath, or any other bodily substance. While DUI attorneys generally have more leverage defending their clients in the absence of breathalyzer test results, the act of refusal comes with its own penalties under the current laws.
While the U.S. Supreme Court is currently reviewing the Missouri case, that does not change the existing law. There are laws in all 50 states requiring drivers who are arrested on suspicion of drunk driving to consent to a blood alcohol. Refusing to take the test in Arizona will lead to an automatic one year suspension of your license with no chance for a restricted license assuming this is your first offense. In additional, prosecutors can use the refusal against you at trial.
If you have been charged with drunk driving in Arizona, it is important that you hire an experienced lawyer to represent you. In his more than eighteen years of practice, Criminal Defense attorney Garrett Smith has handled thousands of criminal law cases and is ready to serve you with honest, aggressive, and confidential representation.
Contact Garrett today at 480-540-6021.