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Things to Know About DUI Law Before Getting Stopped

All drunk driving laws are designed to protect you from putting yourself and other road users at risk with impaired driving. The blood alcohol content limit in Arizona is 0.08 percent, a level that can be reached with just a few glasses of wine. Therefore, when you are leaving a party and decide to drive, it is important that you know how to determine if you have had too much to drink. It is also important to know how to react if you are pulled over. Your best bet is to avoid driving any time you drink. However, if you do consume alcohol and drive, here are some things to know about DUI law before getting stopped by police.


When a police officer comes up to your window, he or she will ask for your driver’s license and registration. Keep these in easily accessible locations because police officers note how long it takes you to find them. This is not a legal issue, but fumbling for your license may cause you to appear intoxicated and can be one indication an officer can use as a reason to test you.

Field Tests

You may be asked to do the standard field sobriety tests for DUI which include walking in a straight line and holding your leg up for a set amount of time. What many people do not realize is that this is evidence that will be used against you if you are charged with DUI. There is no upside to performing these tests, and you have the right to refuse to do so regardless of what the officer says.


If a police officer does not have your consent to search your car, he or she would need to acquire a warrant. Officers rarely go to this trouble for a DUI, but it is possible the officer will secure a warrant based on probable cause if there is reason to believe you are committing other crimes besides DUI. You can refuse a search of your vehicle and you can also refuse to answer questions by invoking your constitutional right. Simply state that you are not going to answer any questions and want to speak to an attorney. Whatever you decide to do regarding field tests or making statements, you cannot refuse to take a blood or breath test. When you obtained your license, you consented to this testing through the Arizona implied consent law. You can, however, have independent tests run as well and should do so to counter any police evidence of blood alcohol content.

Hire an Attorney

You only have 15 days to schedule a DMV hearing in order to keep your license. You also have a limited amount of time to form a defense to your DUI charges. During this time, you need an experienced and qualified DUI attorney. The Oswalt Law Group in Phoenix has a reputation for serving our clients with a hands-on approach. If you have been charged with DUI, contact us now and see how we can help you.  

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