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How Police May Inadvertently Coerce Suspects Into Cooperating

Interviewer: You mentioned earlier the term, “police officer coercion.” What are you referring to as far as officer coercion?

Brian Sloan: An officer will want to get a blood, breath, or urine test from a suspect as part of a DUI investigation. There are certain laws surrounding how an officer is allowed to get that blood, breath, or urine test. That is going to be evidence that is going to be used against you, and an officer definitely wants that evidence.

Legally you are required to provide a blood, breath, or urine test upon the request of an officer. It’s actually blood, breath, and/or urine test. The officer can request multiple tests. It is part of your privilege to drive that you are presumed to be consenting to providing those chemical tests at the request of the officer.

However, physically a person can refuse. A person can say, “I’m not blowing into that machine.” They can say, “I’m not going to give up my blood.” Officers are supposed to respect that refusal, but they have the option of getting a warrant if a judge believes that there is enough probable cause to issue a warrant for the taking of someone’s blood. You can’t really force someone to give a breath test if they don’t want to, but you can hold them down, strap them into a chair, and forcibly take their blood.

Where issues can come into play, is in the form of officer coercion. We do have an Arizona law specifically on officer coercion. Under 13-3902, entitled Treatment of Arrested Person, Arizona law says that, “No peace officer or other official engaged in administering the criminal law shall use oppressive methods of any kind for the purpose of securing a confession or other evidence of guilt from an arrested person.” The issue comes into play when we’re talking about DUIs. Did the officer do what he was supposed to do, ask for a person’s consent?

If the consent is not forthcoming, then they should either give up or request a warrant from a neutral magistrate. The officer has to fill out a warrant, and they have to fax it in, or electronically submit it, and wait for a response, and a judge might say, “No,” a judge might take a while to get back to them. All the while the clock is ticking.

Sometimes officers will resort to coercion in an attempt to convince the person, improperly, that they should submit to a blood, breath, or urine test. The officer is only supposed to ask for consent, and if consent is not forthcoming, advise the person that, if they don’t consent, their license will be suspended for 1 year for refusing the chemical tests that the officer requested.

What we’ve seen on occasion is the officer saying that if the suspect wants to go home tonight, then they’re going to submit to one of these tests. “If you don’t submit to one of these tests, I’m going to take you to jail. If you want to be released, you’ll submit to these tests,” basically indicating that they are going to be punished, above and beyond losing their license for a year, if they do not agree to do the blood, breath, or urine test.

Usually it fits around jail time. People don’t like jail. They don’t want to be in jail. The threat that they would be taken into jail and held there overnight usually is enough to convince people to all of a sudden decide, “You know what? I do want to consent to the blood, breath, or urine test.” The officer, in threatening jail, or threatening not going home, or not being released, is exactly what the law says that is improper tactics by the police. They are not supposed to use any oppressive methods of any kind for the purpose of securing a confession or other evidence of guilt from an arrested person.

By Brian Douglas Sloan

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Brian Douglas Sloan


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Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

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  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

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