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When being confronted or questioned by police in reference to minor in consumption or possession of alcohol, what should you do?

Tucson, AZ |

If you are stopped or confronted by police officers due to the way you are walking, talking, or your behavior under suspicion of intoxication, what steps should you, the defendant, take in order to ensure the maximum amount of legal leeway for your case, if taken to court. Specifics include: you are underage (MIC or MIP).

Additionally, when should you submit to a breathalyzer, or intoxication tests such as the flashlight, walk test, etc under any circumstance.

Attorney Answers 2


  1. You have the constitutional right to remain silent. In general, you do not need to speak to law enforcement officers or anyone else, and you cannot be punished for refusing to answer a question. This applies even if you are not free to walk away from the officer. You should request to speak with an attorney right away. Generally, you should politely refuse the breathalyzer test and any filed sobriety tests.

    This response is for general informational purposes only and not for the purpose of providing specific legal advice. The provision of this response does not create an attorney-client relationship. You should contact an attorney to obtain advice for your particular issue or problem.


  2. I agree. Ask to speak with an attorney and until an attorney is present, exercise your constitutional right to remain silent. Remember that even if you have indicated that you will remain silent, if you still speak, anything you say can be used against you--so if you exercise your right to remain silent, don't forget the "remain silent" part!

    Kristen DeWitt-Lopez of DeWitt-Lopez Law, P.C. may be reached at 602.263.3900 during regular business hours, or anytime by email at kristen@dllawaz.com. More information about Ms. DeWitt-Lopez can be found on her website at www.dllawaz.com. All of Ms. DeWitt-Lopez’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Kristen DeWitt-Lopez is licensed to practice in the State of Arizona. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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