The Fourth of July Holiday is upon us in the United States and people will surely be celebrating. Arrests for suspected DUI increase significantly on holiday weekends. Here are several important tips to avoid a DUI on a holiday weekend.
Don’t Drive Intoxicated
The most important point I can make is this: avoid driving if you have had any drugs or alcohol. It goes without saying that you should not drive intoxicated. Get a friend to drive you or hail a ride share.
Field Sobriety Testing
Do not submit to any field sobriety testing. Here are several things to keep in mind if you are in a situation where you may be asked to take a field sobriety test:
- Immediately and repeatedly ask for a lawyer
- Do not submit to any roadside breath test
- Do not take the eye test (horizontal gaze nystagmus)
Preliminary Breath Test / Portable Breath Test (PBT)
In Arizona, you have NO obligation to take a PBT (Preliminary Breath Test / Portable Breath Test). PBTs are usually a handheld device that is about the size of a handgun. Officers often carry one in their squad car. The results of a PBT are generally not admissible in court. You have no obligation to take that test and you should not.
Consequences of Refusing a Blood Test or Real Breath Test
If the police want to draw your blood or give you a real breath test (usually the machine is about the size of a microwave and plugs into the wall), there are real consequences to refusing. You need to call a lawyer right away and get real-time advice. You can call my cell, 602-402-8708, and I usually will answer, even in the middle of the night. Almost always, if you refuse to give blood or a breath sample, or delay too long, the police get a warrant and draw your blood anyway. Almost always when a person refuses or delays too long, a person’s license will be subject to a 12-month suspension in accordance with Arizona law A.R.S. 28-1321.
If you have been arrested, call an Attorney to determine if you should get an independent blood test or take any proactive measures to record a lack of impairment.
What should I do if I got a DUI on the Fourth of July Holiday weekend?
Call a lawyer who regularly defends DUIs as soon as possible. There may be a real defense, even if the police have what seems to be a strong case. Additionally, you will need a competent lawyer to walk you through the maze of the MVD and ADOT issues than occur to get your license back.
