Avoiding Holiday DUI Arrests After Festive Celebrations in Phoenix

The holidays are a busy time for law enforcement agencies that are looking to increase their annual DUI arrest numbers. Between work holiday parties, family holiday celebrations and extra days off work, many people in Phoenix will be drinking and potentially driving.

There is one surefire way to avoid getting a DUI – don’t drive after drinking anything. Taking an Uber or Lyft might not seem necessary after only two or three drinks, but it is the most dependable way to avoid a DUI.

Many people understandably don’t want to leave their vehicle at a bar, restaurant or in front of a friend or family member’s house and deal with the awkwardness or hassle of having to get it later. Or they’ve only had a couple drinks, have driven in that state hundreds of times in the past and don’t feel like waiting for a rideshare or taxi to arrive.

Police Officers Have Wide Latitude When Arresting People for DUI

Not having a .08 BAC, or being right on the edge, doesn’t prevent police from arresting you for DUI. As long as an officer believes, in their judgment, that you’re impaired, you can be arrested.

Should You Submit to a Field Sobriety Test (FST)?

Refusing to participate in a field sobriety test may increase an officer’s suspicion of your sobriety and could potentially be used by prosecutors who may allege that you refused because you feared that you would fail the test.

However, submitting to a field sobriety test is also risky. These tests have a high failure rate, even among sober individuals. A person’s ability to perform the tests can be affected by a variety of factors that have nothing to do with intoxication.

The results of FSTs are subjective, meaning it’s up to law enforcement to decide whether you passed or failed based on their own opinion. Prosecutors can use an allegedly failed test against you in court.

It's also worth keeping in mind that if an officer asks you to perform an FST, they likely already assume you are drunk, and this inherent bias may affect their own interpretation of your performance.

You should not refuse a breathalyzer or other chemical DUI tests, as doing so will lead to the immediate revocation of your driver’s license for a year.

What If I Assented to a Field Sobriety Test and Failed?

Although FSTs can be used as evidence against you at trial, the well-documented unreliability of field sobriety test results allow them to be challenged by DUI attorneys. If a testing officer made any mistakes in administering or analyzing the results, or you have health issues that affect your performance, the results can likely be challenged.

What Not to Do When You’re Stopped on Suspicion of Driving Under the Influence

• Do not be rude or belligerent. Be polite and provide the required documentation, including your license, registration and insurance.
  
  
• Do not volunteer additional information you’re not required to provide. Your statements, even attempts at making casual conversation, can potentially be used against you.
  
  
• Do not miss any deadlines for challenging license suspensions or requesting hearings.

Should You Hire a DUI Attorney?

Many people in Phoenix stopped for a DUI forego hiring an attorney because they mistakenly assume their case is unwinnable. This is often not the case.

The use of FSTs, improper police procedures, inadequate probable cause for the initial stop, faulty testing equipment, improper administration of chemical tests, and a variety of other factors can weaken the prosecution’s case. There may also be room to negotiate a plea that will lead to a reduction in charges and penalties.

Even if you failed an FST or blew over a .08 BAC on a breathalyzer, you may still benefit from calling a DUI defense attorney. Phoenix criminal defense attorney Michael Alarid III is one of only two Arizona attorneys who is both Board-Certified in DUI defense by the National College of DUI Defense (NCDD) and a Board-Certified Specialist in Criminal Law by the Arizona State Bar. He is ready to advocate for your rights, challenge the evidence in your case and negotiate on your behalf. Call (602) 818-3110 for a free case evaluation.