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by AZLaw
DUI DefenseFebruary 2, 20120 comments

Your Miranda Rights during a DUI Stop in Gilbert

If you have been pulled over for drunk driving in Gilbert, the police officer involved will need to have probable cause to actually arrest you for a DUI. Officers have many ways they attempt to establish probable cause, including breath testing, coordination tests, and observation of your behaviors, among other things. As Gilbert DUI lawyers, we also want you to be aware that how you answer the officer’s questions could lead to self-incrimination and arrest.

The Right to Remain Silent

We understand that most people who are pulled over for drunk driving in Arizona want to cooperate with the police and just get on with their lives. However, officers will likely ask questions, such as “How much have you had to drink?” or “Have you been in a bar this evening?” Many people, in an attempt to be cooperative, will answer these questions without hesitation. Although we completely concur that you should be polite and cooperative with the officer during your Gilbert DUI stop, we also believe you should be aware that you can exercise your Miranda rights (i.e. the “right to remain silent”).

If you are asked these kinds of questions during a DUI stop, you do have the right to remain silent. However, it is of utmost importance that you also remain polite. If you feel that the officer is asking you a question that may cause you to incriminate yourself, or if you feel your answer could be misconstrued as probable cause for a DUI arrest, we recommend you politely tell the officer that you would like to speak with your Gilbert DUI attorney before answering any questions.

Speak with a skilled Gilbert DUI lawyer today at 1-888-929-5292 with any questions or concerns about your specific Arizona DUI case. Our experts can help you both in and out of courtroom, and we are devoted to defending our clients’ rights. For more information, request your FREE copy of DUIs in Arizona – What You Must Know.

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