Things to Know Before You Get Pulled Over for a DUI
Admissions to Drinking or Using Drugs:
- One of the first questions a police officer will ask you if they suspect you are DUI is, "have you been drinking". You may also be asked this question even if an officer didn't observe you driving, but the officer simply suspects that you were about to or were just driving under the influence. This question is designed to help police convict you. Any admission to drinking alcohol or ingesting drugs will be used at a trial against you. People often mistakenly believe that if they are honest with a police officer because they only drank a little and are not intoxicated, the officer will let them go. This is not the case. The officer is trying to build a case against you and an admission to drinking is strong evidence of DUI.
Agreeing to Participate in Field Sobriety Tests:
- Whether or not your pass field sobriety test (FST) is entirely up to the officer conducting the test. The officer conducting the test has a vested interested in your performance of FST being consistent with their suspicion that you are impaired. Police don't tell you that you are not required to undergo field sobriety tests or that the tests are designed to hurt you later on. Often police will order you to take field sobriety test or make you believe that the tests will help you. They will make you think that if you pass the tests they will let you go. This is not the case. The police are only documenting more evidence to use against you to support their reason to take a sample of your breath or blood and as evidence against you in court.
Agree to a Portable Breath Test:
- The law requires that you submit a sample of your breath or blood to a police officer if they suspect you are DUI. The breath test that is admissible in court is a calibrated Intoxilyzer machine administered after arrest, rather than the portable breath test (PBT) often administered on the side of the road. The PBT is not reliable and not admissible in Court to show levels of intoxication. Police only want you to blow into the device so that they can build a case against you.
Making Statements to Police Officers:
- Police always ask a person stopped for suspected DUI questions that are designed to be used against them later in Court. There are only a few specific questions the law requires you answer. Protect yourself by knowing what you are required to say and what you are not. Call an experienced attorney at MayesTelles.
Having an Open Container in a Vehicle:
- Police will look inside your vehicle with or without a warrant and write a police report that states the search was legal even if it was not. Police are looking for evidence of a DUI such as open containers of alcohol, bar or club receipts, and paraphernalia of drug use. Police consider otherwise normal/non-illegal items as evidence of drug paraphernalia. Police will take pictures of whatever they find to use as evidence against you in Court.
Not Knowing your Constitutional Rights:
- You have constitutional rights, including the right to remain silent, to not incriminate yourself, to not be subject to an illegal search and seizure. Police are trained in tactics to get around your constitutional rights and will not advise you of your rights if they can get away with it. Know your rights, protect yourself, and contact an experienced attorney at MayesTelles PLLC.
The number one reasons why people are convicted of DUI is because they are driving impaired. Be smart, have a designated driver or call a taxi.
We've Won Thousands of Cases
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Charges Reduced to Reckless Driving
Client R.C. was stopped by Mesa Police for a civil traffic violation and later charged with DUI, Extreme DUI, and Super Extreme DUI in a justice court. During the course of their representation, MayesTelles attorneys discovered important inconsistencies in the police reports. When we presented these issues to the State, the prosecutor’s office agreed to drop all DUI charges.
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Fatal Commercial Vehicle Accident
MayesTelles Client A.F. and her husband tragically lost their unborn child as a result of the negligence of an individual operating a commercial vehicle in Yuma, Arizona. After substantial investigation including accident reconstruction and filing a lawsuit, the insurance company paid out the policy limits of $1,000,000.00.
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4 Counts of Aggravated DUI Dismissed
Client M.W. was charged with 4 counts of Aggravated DUI in the Maricopa County Superior Court in July 2016 for allegedly riding a motorized bicycle under the influence. The attorneys at MayesTelles demanded that the State include certain materials in their presentation to the grand jury, resulting in the grand jury refusing to indict and the case being dismissed.
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Client Charged with DUI
Client, GS, charged with DUI - sentence was reduced to reckless driving.
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Client Facing Assault Felony
M.L. was charged with 1 count of Aggravated Assault, a class 3 dangerous felony. She plead guilty to Aggravated Assault, a class 6 undesignated felony, with a stipulation to 3 months of initial jail. She received credit for 32 days and the rest of the jail time was deferred. She was placed on 3 years of supervised probation. She has the opportunity to designate the offense a misdemeanor after successfully completing probation. Location: Maricopa County Superior Court
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Client Charged with DUI
Our client, A.R, was charged with 1 count of DUI and 1 count of Failure to Control Speed to Avoid a Collision. During extensive pre-trial investigation, it was discovered that the police made many errors in how they handled the case. We were able to get the client's charges reduced to reckless driving. Location: Glendale City Court
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Client Charged with Four Felony Counts
Our client, Ms. D., was charged with two counts of forgery - a class 4 Felony as well as theft - a class 2 Felony and also fraudulent schemes and artifices - a class 2 Felony. We were able to get her conviction reduced to a class 6 undesignated felony with the opportunity to reduce further to a misdemeanor. Location: Maricopa County Superior Court
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Client Charged with Trespass & Assault
Our client, T.C., was charged in Maricopa County Superior Court on July 8, 2015 with 1 count of Criminal Trespass, a class 6 felony, and 1 count Assault, a class 2 Misdemeanor. On September 9, 2015, after an 8-day jury trial, our client was found not guilty on both charges. Location: Maricopa County Superior Court
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Client Charged with Shoplifting
Our client, Ms. H., was charged with shoplifting - a class 1 misdemeanor. We were able to get her conviction set aside. Location: Phoenix Municipal Court
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Client Faced 5 Felony Sex Offenses
Our client, Mr. C., was charged with five counts of felony sex offenses, including two counts of Sex Conduct with a Minor and three counts of Molestation of a Child. We were able to get the case dismissed upon a successful Motion to Dismiss. Location: Maricopa County Superior Court
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Client Charged with Disorderly Conduct
Our client, K.F., was charged with Disorderly Conduct, a class 1 misdemeanor. We were able to get this client's case dismissed. Location: Tempe Municipal Court
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Client Facing Multiple Criminal Charges
Our client, L.S., was charged on October 20, 2014 in Mesa for an assault, disorderly conduct, and criminal damage. MayesTelles PLLC was able to get those charges dismissed.
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Client Facing Multiple Domestic Violence Offenses
Our client, Ms. C., was facing charges of assault / domestic violence (class 1 misdemeanor), disorderly conduct / domestic violence (class 1 misdemeanor), and criminal damage / domestic violence (class 1 misdemeanor). We were able to get our client's case dismissed. Location: Mesa Municipal Court
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Charged with Assault & Failure to Appear
Our client, L.S., was charged in Phoenix on December 27, 2014 for assault and failure to appear. After completing diversion, our client's case was dismissed.
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Multiple Felony Theft Offenses
Our client, Mr. C., was charged with Theft of Means of Transportation (Class 3 Felony) and Trafficking in Stolen Property (Class 3 Felony). Both class 3 felonies have a possible sentencing range of 2 - 8.75 years in prison. We were able to get our client's charge reduced to a Class 1 Misdemeanor with no jail time. Location: Maricopa County Superior Court