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Interviewer: How does the MVD comes into play with all of this?
AZ Criminal Law Team Lawyer: There is the “Admin Per Se” component. Under A.R.S. 28-1385, if you are arrested for DUI and subjected to alcohol testing and your alcohol content is above a .08, you will be subject to a ninety (90) day suspension of your driving privilege. This suspension is also known as an “Admin Per Se Suspension.” Although the suspension is for ninety (90) days, you should qualify for a restricted privilege for the latter sixty (60) of the ninety (90) days if you meet three requirements. These requirements are: 1) You did not cause serious physical injury to another person during the course of conduct that subjected you to the DUI arrest and charges; 2) You have not been convicted of a DUI, Extreme DUI, or Aggravated DUI within eighty-four (84) months of the date of the course of conduct which subjected you to the current DUI arrest and charges; and 3) You have not had your privilege to drive suspended for refusing to submit to a blood, breath or urine test (28-1321) within eighty-four (84) months of the course of conduct which subjected you to the current DUI arrest and charges. The sixty day restriction allows you to drive between your place of employment and residence and during specified periods of time while at employment, according to your employment schedule; to drive between your place of residence and your secondary or postsecondary school, or to drive between your residence and the office of your probation officer for scheduled appointments, or to drive between your residence and a screening, education or treatment facility for scheduled appointments.
Advice from an Attorney: Always Request to Speak with a Lawyer before Answering Police Questions
Interviewer: What are some the key points of advice that you could give to someone that is facing drug charges?
AZ Criminal Law Team Lawyer: If you’re pulled over or you have been stopped, I would ask to speak to an attorney first off. You can always ask to consult an attorney before you answer any of the officers’ questions. Always be careful what you say to the officer because it can be used against you later.
You have the right to know why you were stopped, so you may want to ask. At that point, you always can ask to speak to an attorney after the police officers start questioning you.
It Is Common to Feel Intimidated When Being Questioned by the Police
Interviewer: What if someone feels intimidated in that situation with the police officer?
AZ Criminal Law Team Lawyer: Quite often, people feel intimidated when the are stopped by an officer. I would say before I answer any questions, “I would feel more comfortable speaking to an attorney, is that possible?”
Be Careful What You Agree to When Speaking with the Police; If an Officer Obtains Your Consent, He or She Can Search Your Vehicle
Interviewer: I’ve heard that sometimes police officers will say certain things in order to get the driver to allow them to search the vehicle. Do you see that happening also?
AZ Criminal Law Team Lawyer: Yes, officers can get consent from someone and then be able to search the vehicle.