LEGAL GUIDE
Written by attorney Adam Feldman | Jan 21, 2013

DUI Letter to Friends, Family and Colleagues

Hello Friends, Family and Colleagues,

As we all know, the holidays are quickly approaching. The holidays bring festivities, celebrations, alcohol, and a state-wide DUI-task force. Please use this information to help protect your rights if you find yourself being investigated for a DUI.

Do Not Drink and Drive!

I hate to state the obvious, but you can completely avoid a DUI by simply calling a friend, a cab or a car service. Perhaps the service will cost you $150.00, probably much less. Recognize that you would rather spend $150.00 on a ride than thousands of dollars on legal fees, court costs, DUI penalties and other collateral financial consequences associated with a DUI.

Even if you avoid the costs of hiring an experienced, aggressive DUI attorney, you are still looking at thousands of dollars in court costs and legal penalties. This amount does not include what you might have to spend on installing and maintaining an ignition interlock device or the increase in insurance premiums. Save yourself the horrific experience, and please find other means of transportation than driving after having had alcohol.

Call Me Immediately at (602) 540-7887!

If you have been drinking and driving, and you are now being stopped by the police for a DUI investigation, call me before the cops arrive at your window. I do not care what day it is or what time of the evening/early morning it is. Call my cellular phone at 602.540.7887.

I encourage you to store my number under the word “DUI" since you will likely not remember my name if/when the time comes that you need it. Remember that if you are about to be investigated for a DUI, time is of the essence. Call me immediately so I can advise you on what to do and what not to do.

Be Polite!

Whether you know your rights or not, you are on the wrong side to be acting like a jerk. Police are like anybody else. They are doing their job and have nothing personal against you unless you give them a reason. If you treat them with respect, they will show you the same respect in return. If you give them a reason to be a jerk with you, they will seize the opportunity leaving you with little or no recourse. Therefore, it is extremely important that you are courteous and professional with the police.

Request to Speak to your Attorney!

During a DUI investigation, there is only one person intelligently looking out for your interests - your attorney. An attorney will be able to guide you in a way that avoids you making incriminating statements, minimizes your chances of being arrested or charged, maximizes your chances of obtaining a successful outcome if you are charged with a DUI.

I know that it will seem like you are going to anger the officer, but I can assure you that requesting to speak to your attorney is the smartest thing you can do. Again, be polite, but firmly request to speak to your attorney.

Do Not Answer (incriminating) Questions!

Once you have requested an attorney, the officer SHOULD refrain from asking any incriminating questions (How much did you drink tonight? How drunk are you? Do you feel too drunk to drive? Etc...). If the officer continues to ask incriminating questions, continue to politely request to speak to your attorney or just remain silent.

Do not get this advice confused with what you need to answer. You are required to provide an officer with biographical information. Therefore, you will be required to provide your name, date of birth, address, etc.. whether you request an attorney or not.

Do Not Take any Field Sobriety Tests!

You have the right to refuse any field sobriety tests whether the officer advises you of this or not (they won’t). Not only do I encourage you not to submit to the tests, I am telling you that you are only hurting yourself by submitting to a single test.

No matter how experience of a drinker you are, you will not pass the tests. The tests are designed to fail. Each failed sobriety test will make it more and more difficult for an attorney to successfully represent you. Examples of Tests that you MUST refuse:

  • The Eye Test - The officer will put a pen/finger/stimulus up and ask you to follow the stimulus with your eyes. The officer is looking for an involuntary reflex in you eye that shows that you have alcohol in your system. POLITELY REFUSE.
  • Walk and Turn - The officer will ask you to do multiple tasks to demonstrate your balance and dexterity. Many of these tests are difficult to pass if you are completely sober. POLITELY REFUSE.
  • Finger to Nose - The officer will ask you to do multiple tasks to demonstrate your balance and dexterity. Many of these tests are difficult to pass if you are completely sober. POLITELY REFUSE.
  • One Leg Stand - The officer will ask you to do multiple tasks to demonstrate your balance and dexterity. Many of these tests are difficult to pass if you are completely sober. POLITELY REFUSE.
  • Portable Breath Test - This is a hand-held device that will detect alcohol in your system and provide a relatively reliable reading of what your alcohol concentration is. This test is not required and there will be no negative effect on your license if you refuse this breath test. POLITELY REFUSE.
  • Anything Else that Makes you Look Like you are Trying out for Cirque du Soleil - If it requires anything other than you sitting and remaining silent, don’t do it!

Do Not Take the Portable Breath Test!

I already told you not to take this field sobriety test. As imagined, I am repeating myself because it is that important. The portable breath test is a hand-held device that is a little larger than the officer’s hand. The officer will have you breath firmly into the device for about five seconds until it registers your blood alcohol concentration.

You are not required to submit to a portable breath test. Do not do it. Often times, this is the only reason that an officer has to arrest a suspect. If you refuse the test, you might avoid being arrested/charged with a DUI altogether.

Call Your Attorney!

I provided this advice twice. That is because it is that important. You will not remember any of this information when the time comes or you will be too afraid to do it properly when confronted by an officer. If you call me at 602.540.7887, I can walk you through it and remind you of what to do and what not to do.

Folks, this is a very important list of advice. It is not a recipe for beating a DUI. It is not a guarantee that you will not be arrested/charged/convicted of a DUI if you follow every instruction. This list is meant as a guide to help you protect your rights. The less information you give the officers through your voluntary submission of incriminating statements and field sobriety tests, the more likely it is that I will be able to successfully represent you.

May you all have incredible holidays and not need the above-referenced information. DUI’s are extremely serious offenses that can completely alter your future. DUI’s can also result in unintended injury/death to you or others. Please be responsible when you drink and find alternate means of transportation.

Please feel free to contact me with any questions or concerns you might have regarding any criminal matter.

Best regards,

Adam Feldman

1 E. Washington Street

Suite 500

Phoenix, AZ 85004

(602) 540-7887

[email protected]

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