Oct 16, 2018
In Arizona, Driver Was "Coerced" Into Taking Breathalyzer
In many states, you can be forced to have a chemical test to determine blood
alcohol or other blood substance levels. However, if one of these
tests is to be forced it can only be done so by a warrant signed by a
judge. A few years ago a man in Arizona was pulled over under suspicion
of impaired driving. The officer told him that he was \"required\" by
Arizona law to submit to a chemical test and the individual gave in to
having a breathalyzer.
His defense lawyer objected, saying that the officer \"coerced\" him into
taking the test because the officer did not tell the client that the
only way the test can be forced would be through a warrant. When this
went to the Arizona Court of Appeals, the justices decided that consent
is consent and the results of the test would stand.
If you are stopped and interrogated by police, do not provide more than your name and identification
. Only answer questions in the presence of
your lawyer. The police can lie or exaggerate during questioning to get
the information they want from you. You need an experienced attorney to
defend your rights. If you live in Burlington, Essex, Colchester,
Winooski, Williston, Shelburne or anywhere in the State of Vermont, and
have been arrested or charged with DUI or any crime, call Handy Law for
aggressive and experienced legal defense.