There has been a lot of publicity about the Fair DUI Flyer and whether it is legal in Arizona. The Fair DUI Flyer is a paper that you print out and put in your car window when stopped by police. Should you use the Fair DUI Flyer in Arizona?
The Fair DUI Flyer is a Terrible Idea
The Fair DUI web site advises that you stay in your car, with the windows rolled up and refuse to open the window or exit the vehicle. In my opinion, the Fair DUI Flyer is a terrible idea. You are definitely not going to charm your way out of a moving violation with this approach and you will likely land a night in jail.
I agree with the principles of exercising your right to remain silent and having an attorney present during questioning. I also agree that you should NEVER consent to any searches of your vehicle or person. If you want to print on a piece of paper, “I am exercising my right to remain silent and my right to counsel. I do not consent to any searches” and show this to a police officer attempting to question you, that is not a bad idea.
The problems start when you barricade yourself in your vehicle, refusing to roll down the window or exit. Under Arizona Transportation Law (Title 28) you are required to obey lawful commands:
A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic.
A person who violates this section is guilty of a class 2 misdemeanor.
A “lawful order” in Arizona with regards to a traffic stop could be “roll down your window” or “get out of the car” or “hand me your driver’s license.”
(Note that “consent to a search” or “waive your right to an attorney” are NOT lawful commands.)
Once you refuse to cooperate with these lawful commands, you have created probable cause to be arrested. Once you are arrested, the police can lawfully search your vehicle incident to the arrest, even without your consent.
You should also be aware that if you are stopped by police and you refuse the field sobriety tests, in Arizona, you could be arrested if there are other signs or symptoms of alcohol or drug impairment. If you then refuse a breath, blood, or urine test, you face a mandatory one year driver’s license suspension. See 28-1321, Arizona Revised Statutes.
In Maricopa County it is very easy for the police to get a warrant any time of day or night, so it is usually not wise to refuse a breath, blood, or urine test in a regular DUI situation. If you have prior DUIs or there is an injury accident, refusing may be the proper thing to do. You should insist on your right to telephone an attorney prior to consenting to a breath, blood, or urine test.
If you are presented with a Traffic Ticket or Complaint sign the ticket. Signing the ticket is NOT an admission of guilt. It only indicates that you have received it and are aware of the court date. If you refuse to sign a ticket with a criminal traffic violation on it, some police officers will arrest you and book you into jail. You will then have to sit in jail and wait to see a judge who will inform you of the next court date.
What to Do if Stopped for DUI
If you have been drinking and you are stopped by the police, what should you do?
- Pull over as soon as safely possible.
- Roll down all your windows.
- Instruct your passengers to be polite.
- Keep your hands on the steering wheel.
- BE POLITE AND DON’T ARGUE WITH THE COP!
- When asked, provide your driver’s license, registration, and proof of insurance.
- Do NOT answer any questions about where you are coming from or where you are going.
- Do NOT answer any questions about if, what, and how much you have been drinking.
- When questioned say, “I am not answering any questions without an attorney.”
- Do NOT consent to any searches.
- Do NOT agree to have your eyes checked (Horizontal Gaze Nystagmus).
- Do NOT agree to do any of the Field Sobriety Tests.
- Do NOT agree to blow into a Portable Breath Test.
- Ask for the opportunity to call an attorney before agreeing to a breath, blood or urine test, but if you cannot reach an attorney then:
- If you do not have prior DUIs cooperate with breath, blood, or urine test.
- If you have prior DUIs, a suspended license, or were involved in an injury accident refuse the breath, blood, or urine test.
- If presented with a Traffic Ticket or Complaint sign it.
How To Avoid a DUI Arrest
If you are going to drink, before you start drinking make arrangements to get home using a designated driver, a taxi, or a car service. DUI is really a crime of poor planning. If you want to avoid a DUI, plan ahead.
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Tempe DUI Attorney
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