Know Your Rights During a DUI Investigation
Understanding your constitutional rights during a DUI investigation can significantly impact the outcome of your case. Officers are trained in questioning techniques designed to elicit incriminating statements. Knowing what you are and are not required to do is essential.
Your Constitutional Rights
- Right to Remain Silent (5th Amendment) — You are not required to answer questions about where you have been, what you have been drinking, or how much you have consumed. You must provide your license, registration, and insurance, but you do not have to answer investigative questions.
- Right to an Attorney (6th Amendment) — You have the right to consult with an attorney. While you may not be able to have an attorney present during field sobriety tests, you should request one as soon as possible.
- Right Against Unreasonable Searches (4th Amendment) — Officers need probable cause to arrest you and generally need a warrant or valid consent to search your vehicle.
Common Trick Questions Officers Ask
Officers are trained to ask questions that seem casual but are designed to gather evidence against you:
“Do you know why I pulled you over?”
This question is designed to get you to admit to a traffic violation. You are not required to guess or answer this question.
“Have you had anything to drink tonight?”
Any admission of drinking, even “just one or two,” will be used against you. Officers note this in their reports as evidence of alcohol consumption.
“Where are you coming from?”
If you say you are coming from a bar, restaurant, or party, this will be documented as evidence of opportunity to consume alcohol.
“Would you be willing to take some voluntary tests?”
Field sobriety tests are voluntary in Arizona. You are not required to perform them, though officers may not clearly communicate this.
“On a scale of 1-10, how intoxicated are you?”
Any answer other than zero is an admission of impairment. Even saying “a 2” can be used against you as an admission that you felt impaired.
Arizona’s Implied Consent Law
Under Arizona’s Implied Consent law (ARS 28-1321), by operating a motor vehicle in Arizona, you have impliedly consented to chemical testing (breath or blood) if an officer has reasonable grounds to believe you are under the influence. Refusing to submit to a test after a lawful arrest can result in a 12-month license suspension for a first refusal.
However, it is important to understand that the implied consent law applies to chemical tests after arrest — not to preliminary breath tests (PBT) or field sobriety tests during the investigation. Pre-arrest PBTs and field sobriety tests are generally considered voluntary.
What to Do If You Are Pulled Over
Be polite and cooperative, but protect your rights. Provide your documents when asked. You may politely decline to answer investigative questions by saying, “I respectfully decline to answer on the advice of counsel.” You may politely decline field sobriety tests. If arrested, comply with lawful orders but clearly state you wish to speak with an attorney.