Under Arizona law, a stop is defined as a brief detention. The difference between being stopped and being arrested can vary depending on the circumstances of the case. However, it is usually safe to assume that once a driver is taken into custody and subjected to a breath test, that the driver is under arrest and that the officer making the arrest should advise the driver of their Miranda Rights.
In addition, an officer is also allowed to stop and question an individual during a casual encounter if that individual consents to answer, or decides to respond on their own accord. Should an officer stop an individual without any reasonable suspicion to do so, that person has the legal right to refrain from answering any questions and continue on with their business.
In some Arizona DUI cases, a police officer may have illegally stopped the defendant to begin with. Therefore, if the prosecution’s evidence to support a DUI conviction was obtained illegally by a police officer, Arizona courts may exclude that evidence. To best determine whether a person who was charged with a DUI in Phoenix, AZ was treated unfairly by police in the events leading up to their arrest, it is best to speak with a DUI attorney from JacksonWhite.
If you think you might need a DUI lawyer, JacksonWhite’s criminal defense team can help. Call 480-818-9943 to schedule your free DUI consultation and learn more about your legal rights!