Interviewer: What about drug related DUIs? Do they still perform the same standardized field sobriety tests for these individuals?
Michael Munoz: Yes, they’ll do the standard field sobriety tests. But then if they think there’s impairment by drugs, they’ll also try to do what’s called a Drug Recognition Examination and people should refuse that test as well. That test is meant to see whether or not they have signs and symptoms of impairment by drugs.
It is Imperative to Politely Decline Field Sobriety Testing in Arizona
Interviewer: How should someone decline or refuse to take these tests?
Michael Munoz: If someone is contacted by a police officer and they’ve clearly been investigated for DUI, they need to politely tell the officer that, “Officer, I am going to exercise my right to remain silent. I do not want to answer questions and I am not going to take any tests until I get a chance to speak to an attorney”. All the times, officers will try to scare people and they talk about going to jail, and at that point, if you have something to drink or if you have drugs in your system, you need to be prepared for the fact that you’re going to get arrested either way and you should just tell the officer, “I am not answering any questions or doing any tests until I get a chance to speak to an attorney”.
Police Officers are Obligated to Provide a Subject Access to His or Her Defense Attorney
Interviewer: If a person says, “Hey, look I would like to talk to my attorney”, how much time will they have before they administer the one that’s at the station?
Michael Munoz: By law, once they go back to station, if you request to speak to an attorney, they have to give you access to phone, access to a phonebook and they’ll have to give you a private space to have a private conversation with an attorney. They’ll have to give you the opportunity. How much time that’s going to be; it really depends on how long the case is taking. I’d say what’s reasonable is at least 20 minutes. They’re supposed to do that. If it goes any longer or shorter than that, then there’s going to be an argument on both sides. But they do need to give someone the opportunity to call that attorney in a private environment.
If an Attorney Cannot be Reached at that Particular time, It is Feasible to Leave a Message for Them
Interviewer: If someone could call you and even if you don’t answer, they can leave you a message and say, “Hey, can you call me back at this number? I’m here at the police station”, and then you know what I need to do. Is that realistic, is that feasible?
Michael Munoz: Yes, it is feasible. You call them and you leave a detailed message of where you’re at, what’s the phone number you’re at and then attorneys who get those phone calls routinely call that person back as soon as possible.