Knowing Your Rights – Dworman Law

KNOW YOUR RIGHTS when contacted by law enforcement

If you are stopped or arrested for any crime, including DUI/DWI, the best way to avoid a conviction is to know and to assert your rights. Police, prosecutors, and other Government officers will take advantage to secure your conviction when you do not assert your rights. Don’t let this happen!

Know your rights and contact us to protect them.

Protect Your Rights — Attorney Howard Dworman has defended hundreds of clients in Scottsdale, the Phoenix metro area, and throughout Arizona. Call us 24/7 at 480-256-2449 for a free initial consultation.

When it comes to DUI/DWI – YOU HAVE THE RIGHT TO REFUSE all FIELD SOBRIETY TESTS — USE IT

After conducting a traffic stop, one or more police officers will all but certainly request or instruct you to perform a number of tasks. They will tell you these tasks are designed to demonstrate your sobriety; “to make sure you are safe to drive.” BUT that is not the case. In fact, these tasks are called “Field Sobriety Tests” (FST). Key word is “test.” And these tests are designed for you to fail; to give the State more evidence against you. The FSTs vary, but often include “HGN” – following a moving object with your eyes, the “Walk and Turn” – walking along a straight line, and/or the “One Leg Stand” – balancing on one foot.

The police officers and prosecutors rely on the hope that you are ignorant to the law and use that ignorance in obtaining your consent participate. Unequivocally, you do not have to perform these tests, but they don’t have to let you know that. When you agree to participate in the FSTs, you are simply just giving the officers probable cause to arrest you for DUI/DWI.

USE YOUR RIGHT TO AN ATTORNEY

Whether a mere petty offense, a misdemeanor, a DUI/DWI, or a felony, all are serious criminal charges with serious, and potentially life-changing and permanent, criminal consequences. You always have the right to an attorney; do not be mislead to believe that you cannot ask for a lawyer until the police give you the option. You always have that right. You must be clear about asking for a lawyer. When you clearly exercise your right and request an attorney, the police must stop questioning/interviewing/interrogating you, until your lawyer is present. Save our number in your phone and call us. We are here 24 hours a day, 7 days a week, 365 days a year.

REMAIN SILENT! it’s your right and cannot be used against you.

WHY WOULD YOU WANT TO HELP THE STATE TAKE AWAY YOUR FREEDOM?

During any stage of a criminal investigation, the best thing you can do is to clearly as for an attorney. The next best thing you can do keep your mouth closed/shut up/say nothing/be quiet. Try as you may, and for a simple traffic ticket go ahead and try if you really want to, but you will likely never explain your way out of a criminal investigation/situation. You won’t be able to convince law enforcement to let you go. Instead, you are going to strengthen the state’s case and make life easier for the prosecutor. Why would you help the state take away your freedom? You don’t take your car to a mechanic and help the mechanic do his job, do you? Or go to a restaurant, order your food, and then go into the kitchen and help the chef cook, do you? There is no difference here.