Cinco de Mayo and DUI Enforcement

Posted by Raymond Kimble | Apr 30, 2018 | 0 Comments

Cinco de Mayo is one of the most popular drinking holidays in the Arizona.  Many bars and restaurants will have Cinco de Mayo themed parties and people  often host backyard parties and barbecues.  Undoubtedly, police throughout the greater Phoenix area recognize that people will indulge in alcohol consumption throughout day.  Consequently, DUI patrols on the highways and city streets will be increased.  

The most important piece of advice for people who may ave consumed alcohol is to avoid driving.  Aside from potential tragedies which may occur, Arizona treats individuals charged with DUI harsher than any other state in the country.  DUI charges and convictions will involve license suspensions, jail terms, significant fines, mandatory alcohol education classes and ignition interlock devices.

If you have the misfortune of being stopped and investigated for a DUI on Cinco de Mayo or for that matter at any time, there are a number of things to keep in mind:

  1. You are not required to perform the  field sobriety tests - DUI officers in Arizona will usually employ a battery of tests to determine whether someone may impaired to drive a car.  These tests include Horizontal Gaze Nystagmus (the "eye test"), the Walk and Turn Test and the One Leg Stand Test.  The tests are designed to make you perform physical and mental tasks at the same time and there are a number of clues or mistakes an officer will look for in deciding to arrest you.  These tests are completely voluntary and you have no legal obligation to participate in them.  Most people will make mistakes whether or not they have been drinking due to nervousness, coordination issues, failure to follow instructions, etc.  Moreover, it is powerful evidence which can be used by a  prosecutor at trial.  You should politely refuse to participate in the field tests if you've been drinking and are stopped by police.
  2. You Should Remain Silent  - You are only required to provide the officer with your name along with your drivers license, insurance and registration.  Don't  answer any questions concerning alcohol consumption, where you have been, explaining your driving behavior, etc.  Additionally, officers will ask a standard set of questions to someone who has been arrested for DUI such as rating themselves on a scale of 1 to10, admitting how much they've had to drink, and giving an opinion about whether they feel impaired to drive.  You have a constitutional right to remain silent and should absolutely exercise it.
  3. Request to Speak with an Attorney as soon as Possible  -  You have a right to consult privately with an attorney as soon as possible after being arrested for DUI as long as it does not unreasonably interfere with the officer's investigation.  Consultation with an attorney includes a private room where you are able to speak freely and openly with a lawyer outside of the officer's presence.  The assistance of a lawyer while you are in custody is valuable as you can get answers to common questions about taking a blood, breath or urine test, getting an independent test, etc.
  4. Taking a Breath of Blood Test - Unless you have prior DUI convictions, are being investigated for a felony DUI offense or were involved in an injury accident, you are well advised to agree to the blood test or breathalyzer test requested by police.  Should you refuse to provide a blood sample or participate in breath testing, officers will likely apply for a search warrant and then serve you with a one year revocation of your drivers license.  
  5. Request to Arrange for an Independent Blood Test - You have a right to obtain an independent test of your blood as soon as possible after being processed by police for DUI.  An independent test can be used to challenge the reliability of the results reported by the state crime laboratory or intoxilyzer.  Officers cannot interfere with your ability to obtain an independent test at a local hospital or urgent care once you make that request.     

CALL (480) 833-8613 TO GET HELP NOW

If you, a family member or friend has been arrested for a DUI offense in Arizona, it is important that you immediately begin working with a qualified DUI attorney who can effectively represent you in the court of law and take necessary steps to protect your driver's license. Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.

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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