Can I Refuse a Breathalyzer Test in Arizona?

You’ve just pulled out of the parking lot after enjoying a happy hour cocktail with your co-workers when you see the flash of red and white lights in your rear-view mirror. As your heart sinks, you stop your car on the shoulder, watch as the police officer approaches your window, and hear those few simple words:

“Have you had anything to drink tonight?”

What do you do? If you’re like many other Arizona drivers, you may feel a bit unclear about what your legal rights are in this situation. Should you answer the police officer’s questions? What should you do if the officer asks you to consent to a breathalyzer or field sobriety test?

First Things First

Prior to requesting a field sobriety test or breathalyzer, a police officer will likely ask you if you’ve had anything to drink and may ask about the quantity of alcohol that you might have consumed. At this point, the officer is attempting to gather evidence against you. Answering in the affirmative – regardless of how much you’ve had to drink or how long ago you finished your drink – is immediately incriminating. It is important to remember that you have the right to remain silent. At this point, it’s typically best to ask the officer whether or not you are being detained and to let him or her know that you would like to contact an attorney. In fact, what many drivers don’t realize is that you are entitled to an attorney at absolutely any point while conversing with an officer, even before you are arrested or detained.

The Breathalyzer Test

If the officer suspects that you are under the influence of alcohol, he or she may ask you to submit to a breathalyzer test. Refusal to comply with the breathalyzer test will complicate things for you, so it is always best to ask to have an attorney present so that you can be advised of your legal rights accordingly. The Schill Law Group has a great deal of experience in this area and our job is to protect our clients from unintentionally making a bad situation much worse.

Understanding “Implied Consent”

Arizona’s “Implied Consent” law states that if an individual has been pulled over and arrested for a DUI, then he or she is presumed to have offered their consent (implicitly) for chemical testing, such as a breathalyzer test. Those who refuse to comply with this law will automatically have their driver’s license revoked for a minimum of one year. Yes, you do have 15 days to request a hearing on the suspension, but this is absolutely not something you should rely on. Refusal to consent to a breathalyzer or other chemical test after an arrest is made could result in the officer obtaining a search warrant, allowing him or her to require you to provide a blood sample.

Consulting with an Attorney

You can legally request the presence of an attorney at any time after being pulled over for a suspected DUI. You may seek counsel even before submitting to a breathalyzer test and we would recommend that you exercise this right whenever you feel that it is prudent in the given situation. Consulting with an attorney before incriminating yourself can save you from compounding an already difficult situation, not to mention potential legal costs and severe punishment.

Were you pulled over for a DUI in Arizona? Schill Law Group can help. Give us a call to set up a free case evaluation today.

How to find the best dui attorney in Phoenix

best DUI attorney Phoenix

If you have been charged for driving under the influence, it is important that you hire the best dui attorney in Phoenix to help defend your charges. Hiring an experienced and aggresive dui attorney is vital as this increases your chances of getting the dui charges dismissed. It can mean the difference between getting a conviction with harsh penalties and having your charges possibly dismissed.

Some dui charges can be complex especially when there is property damage or injuries to a 3rd party involved. DUI charges can have an immediate impact on your day-to-day life by affecting your driving privileges, employment, and earning you jail time. As such, it is necessary that you immediately find an experienced and professional dui attorney, from a reputable law firm like the Schill Law Group, to help you navigate the complex Arizona legal system and get you favorable results.

Here are some vital tips on how to find the best dui attorney in Phoenix;

1. How experienced is the attorney?

Experience is key when looking for a dui attorney to handle your case. You don’t want a newbie who may easily be defeated by an experienced prosecution. An experienced dui attorney knows the tactics and channels to best represent you. They will study the facts of your case keenly and advise you on the best way to proceed using their experience on such similar past cases.

2. Recommendations

Recommendations and referrals are one sure way of getting a verified dui attorney. A friend, colleague, relative or any other person whose opinion you trust can give you some good information about their overall experience with a certain dui attorney and the outcome of their case. You can also visit trusted online review sites and hear what past clients are saying about an attorney’s performance.

3. Qualifications

For a dui attorney, it is best that you hire an attorney that is experienced in handling dui cases. If you are hiring an attorney who practices as an individual, make sure to confirm that they are licensed, have a good ethical record, are not disbarred, and have a good track record in their past cases. But if you are hiring form a reputable law firm such as the Schill Law Group, you can trust that their attorneys have already undergone serious background checks.

4. What is the attorney’s availability?

For best results, your attorney should commit plenty of time and effort to your case. They should be readily available to discuss the matters of your case whenever need be, one who understands the laws, and one who can easily communicate with you when needed.

5. Do you get a free consultation?

During a consultation, you can best be able to assess the working style and experience of an attorney. Here you will be able to discuss your case and see what options the attorney offers you.

6. Choose The Schill Law Firm

So, if you are looking for all these and more in a DUI attorney Phoenix, here is why the Schill Law Group is the place to turn to;

Experience– The Schill Law Group boasts of over 100 years combined legal experience in DUI cases. They have literally handled all types of dui cases and this gives them a better chance at winning when representing you.

Free consultation– You get a free consultation with one of the Schill Law Group attorneys to assess the facts of your case in depth.
Attorney’s availability- Your assigned attorney will communicate with you whenever needed.
Proven track record- The attorneys at the Schill Law Group have won over 300 jury verdicts!

Reliable representation throughout– Your case will be handled by one attorney all the way through to ensure consistency and convenience.
Don’t let your DUI charges affect your life negatively in a huge way. Hire the best dui attorney Phoenix from the Schill Law Group and get the best representation.