Arrested for DUI; Can I speak with an Attorney Now

Posted by Raymond Kimble | Aug 13, 2015 | 0 Comments

The Right to Speak with a Lawyer When Arrested for DUI

Most people are not familiar with the laws related to DUI investigations and arrests in Arizona.  Consequently, if they have made the decision to drive after having some drinks and are then stopped by police, several questions immediately come to mind.  Specifically:

  • Do I have to answer the officer's questions?
  • Must I participate in the field sobriety tests?
  • Do I have to take a breath, blood or urine test?
  • Can I speak with an attorney?

Here, I will address the issue concerning your right to speak with an attorney after being stopped or arrested for DUI in Arizona.  

According to the rights afforded us by the United States Constitution, people who have been arrested or charged with a criminal offense have a right to the assistance of an attorney when the adversarial process has begun.  This is different from the "Miranda" warnings most everyone is familiar with and applies to situations where a person has been formally charged by way of a summons or grand jury indictment.  The "adversarial process," meaning you against the government, begins when a judge or magistrate formally advises you of the charges you are facing.

Stopped for DUI? Request a Lawyer!!

When you are being detained or investigated for DUI in Arizona, the right to consult with an attorney occurs much earlier.  Because evidence related to impairment by alcohol or drugs can disappear quickly, people who have been arrested for DUI have a right to consult with a lawyer immediately upon request.  As long as consultation with a lawyer does not unreasonably interfere with the officer's investigation, people detained for DUI must be given an adequate opportunity to consult with a lawyer.  This includes being afforded a phone, phone book and a private area in which they could speak freely with an attorney.  If police interfere with a DUI suspect's ability to contact a lawyer, the results of any breath, blood or urine test can be suppressed or the entire DUI case can be dismissed.

Given that people have a right to consult with a lawyer at the "earliest stages of a DUI investigation, you should take the following steps if stopped and suspected of DUI in Arizona:

  • Be polite to the officer and provide basic information such as your name, driver's license, insurance and registration,
  • Don't answer any questions related to alcohol consumption
  • Don't participate in any field sobriety tests
  • Immediately make a clear request to speak with a lawyer before taking any blood, breath or urine tests.

I have represented thousands of people in the Phoenix area as well as throughout the State of Arizona who have been charged with DUI, Extreme DUI, Super Extreme DUI and Aggravated DUI.  In a number of cases, I have been successful in having the results of breath, blood or urine tests thrown out or alternatively, charges dismissed entirely after showing that police violated a client's right to speak with a lawyer.  

For more information concerning your DUI charges in Arizona, please contact the Law Office of Raymond Kimble at (480) 833-8613.  I am a former police officer,  was a DUI prosecutor and have been defending people charged with DUI in Arizona for twenty years.  I am available for a free consultation twenty four hours a day, seven days a week.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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