I encourage you to never volunteer any information to an officer during a traffic stop. More times then not this leads to unnecessary requests for the driver. However, in the event of the officer conducting a search of your vehicle, prior to the commencement of the search, you should advise the officer that there is a gun in the vehicle so he will not be taken by surprise when he finds it. Furthermore, if you are pulled over and your gun is in your glove compartment along with your registration, BEFORE you open the compartment I highly recommend telling the officer you have a gun in there. If an officer notices a gun as you open the compartment and you continue to reach towards it he will be justified in the use of deadly force.
With every widely observed holiday, you're likely you will see heightened police presence, enforcement and DUI Sobriety Checkpoints. DUI Roadblocks are set up with the intent to seek drivers for signs of intoxication or impairment, and make DUI arrests. The goal is to prevent motorists from driving impaired under the influenced of alcohol or drugs. DUI checkpoints can be considered double edged sword of sorts. Everyone wants impaired drivers off of the road. But if you've ever found yourself in a line-up waiting your turn through the checkpoint, you know it's no fun. Whether you are driving impaired or not, it's completely normal to feel a little nervous or anxious.
Most people sort of look around to make sure there is nothing in their vehicle that would give rise to the suspicion that they are under the influence of alcohol or drugs. In Arizona, you should know that when the officer stops you at a DUI checkpoint, arrests can be made for violations of other crimes too, not just impaired driving.
In absence of a formal DUI safety checkpoint, a police officer needs a reasonable suspicion that a violation of the law or crime has occurred or is in progress to stop a driver and conduct a DUI investigation. However, DUI checkpoints bypass this usual step. Not all states have laws authorizing use of DUI checkpoints, but in Arizona their use is becoming more prevalent.
Always, keep both hands on the wheel while you are talking to the officer. The exception to this, is if he instructs you to show him your license which requires you to take your hands on the wheel; or otherwise. Talk to the officer as calmly as possible, and when you must take your hands off the wheel to reach for your driver's license and registration, do so calmly as well.
Field Sobriety Tests are not mandatory in Arizona. They are simply tools for Police to conduct roadside DUI screening and due to their unreliability may result in false conclusions. You can politely and lawfully refuse to participate in a field sobriety test. You should let the officer know that your reason for refusal is that you understand it is not mandatory by law, and it is your understanding that field sobriety tests are often unreliable and could give false impressions that a person is impaired when in fact they are not. You should be aware that refusing to submit to a field sobriety test may be cause for arrest or further detainment. You can and should refuse to answer questions based on your rights under the Constitution and request to speak with an Arizona DUI Attorney.
Arizona is an implied consent state. What does this mean to drivers? It means that there are civil penalties through the Motor Vehicle Division (MVD) for refusal. If a driver refuses to take a breath or blood test to determine your BAC, your license may be revoked or suspended, whether they are were driving impaired or not; or convicted of the charges or not. All a refusal of a DUI breath or blood test costs you is a suspension of your driver's license for one year. But the choice of course is ultimately yours.
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