DUI Arrest in Phoenix
If you are arrested for drunk driving in Phoenix, the law guarantees you certain rights. Billar & Donald, P.C. has extensive experience with Phoenix DUI arrest and can advocate strongly on your behalf.
Fifth Amendment Rights—the right to remain silent
When under DUI arrest in Phoenix, the police must advise you based on the Miranda warning (Miranda v. Arizona) of your right to remain silent and your right to an attorney. You may refuse to answer questions. Any attempt on the part of the police to coerce you to talk is a violation of your rights. The police must gather evidence and develop their case against you without your help because the Fifth Amendment guarantees your freedom from self-incrimination.
Sixth Amendment Rights—the right to an attorney
During questioning and during any interaction with the authorities after you have been formally charged, or gone through a preliminary hearing, indictment, or arraignment, you have the right to have an attorney present. If you cannot afford an attorney, the court must appoint you an attorney.
Your attorney can defend your right from being detained beyond a reasonable time for a drunk driving arrest in Phoenix by obtaining a writ of habeas corpus—a court order that requires a judge to determine whether your detainment is lawful.
Right to release on bail
You have the right to be released on bail unless you are charged with:
|
|
|
|
|
|
- Felonies carrying life imprisonment or death penalties
|
- obstruction of justice, or witness tampering
|
Right to a speedy trial by jury
Under the Sixth Amendment you have a right to a speedy trial by an impartial jury of your peers. However, the Arizona Supreme Court in the case of Derendal v. Hon. Griffith ruled that a misdemeanor punishable by no more than six months incarceration is a petty crime—there is no right to a jury. Depending on whether your Phoenix DUI arrest is subject to misdemeanor charges, you may be tried only by a judge and not a jury.
Burden of proof
The court must presume you are innocent until proven guilty. The prosecution bears the burden of proof to show that you a guilty beyond a reasonable doubt.
DUI Law
DUI Process
To protect your rights after a drunk driving arrest in Phoenix, contact Billar & Donald, P.C. or call 1-888-442-3236.