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If I am stopped for suspicion of DUI, do I have the right to refuse to answer questions without an attorney present?
Q.

If I am stopped for suspicion of DUI, do I have the right to refuse to answer questions without an attorney present?

A.

The United States Constitution guarantees the right of every person not to be a witness against him/her self.

Usually, if you are a DUI suspect and an officer advises you of your rights pursuant to Miranda, you should invoke those rights and refuse to answer any questions.

You also have a right to have counsel present at every critical stage of the proceedings. No matter what time of the day it is, you should request to speak with a lawyer. The officer then has the obligation to give you a chance to speak to an attorney so long as it would not unnecessarily hinder the investigation.

Your lawyer can give you advice on other issues including your right to an independent test of your breath or blood to determine alcohol concentration.

For future convenience, you might print out a copy of the DRIVER'S RIGHTS CARD we have provided. You can simply hand the police officer this card, which will speak for you to ensure your rights.

CLICK HERE for a copy of the DRIVER'S RIGHTS CARD.

Your Tucson DUI attorney wants you to be well informed. We are providing these FAQs to educate you on your rights and responsibilities.
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Trezza & Thrush
4011 E. Broadway, Suite 101, Tucson, Arizona 85711
Phone: 520.327.3442 / Fax: 520.327.0125
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