You Have the Right to Have an Attorney Present During a DUI Investigation and Remain Silent

Interviewer: Do you find that most of your clients did ask for an attorney? Are they refused typically or not?

Brian Sloan: Most people don’t realize that they have that option, that they have that right. They also tend to disregard that, despite being told by the officer when they read Miranda rights, that they a right to remain silent. Anything they can say will be used against them in a court of law.

Another Right to Remember to Exercise: You Have the Right to Remain Silent During a DUI Investigation

They have the right to the presence of an attorney and if they cannot afford one, one will be provided for them. People don’t seem to process that. They don’t realize that they can respectfully decline to answer questions. They don’t realize that they can ask for an attorney. They tend to answer questions and the information they provide tends to be the most damning evidence against them.

What You Say Will Be Used Against You During the Trial

In probably 85 percent of the DUI cases, the suspects themselves are their own worst enemies. The authorities may have a good case based on the facts as the officer reports them, but it’s people’s own supposed admissions that really come back to haunt them.

One of the bigger issues that arise during questioning is when the officers will say, or ask the person, to rate themselves on a scale of zero to ten or one to ten. Zero being completely sober, ten being falling down drunk. How would you rate yourself at the time of driving?

It is amazing how many people will, for whatever reason, answer two, three, four, five or six. Some people will even answer ten. This is extremely damning because it’s supposedly your own statement admitting that you felt that you were impaired to the slightest degree by alcohol.

When the case goes to trial, the prosecutor has to prove that the person was driving and that they were impaired to even the slightest degree by alcohol. Driving usually isn’t going to be an issue. If the officer says you were driving, chances are you’re going to agree that you were driving, so the issue becomes, “Were you impaired to the slightest degree?”

It’s that one admission where the person has rated themselves whatever number on a scale of zero to ten that is going to be extremely damning and difficult to overcome. It’s important, if someone did answer that way to present some sort of motion to suppress the admission or to argue that there’s some sort of Miranda violation. That makes for a much better case.

By Brian Douglas Sloan

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Brian Douglas Sloan

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Why Attorney Brian Douglas Sloan?

18+

18+ Years SOLELY Focused on DUI Defense

4,100+

4,100+ DUIs Successfully Defended

Top Accolades

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

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

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4.9 / 5.0

Martindale-hubble

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

I have spent my entire career focused on DUI Defense representation, having defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then I can comfortably say: “I’m not the one for you”.

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 that is what they think people want to hear. The truth of the matter is, being “aggressive” rarely gets the client anywhere in these court systems. Being “aggressive” isn’t the same as being good.

The same is true for the lawyers that claim to do DUI Defense… and Criminal Cases…, and Accident cases…, and Divorces. A Jack-of-all-Trades is a master of none. By handling all different 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.

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

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


Brian Douglas Sloan

DUI Attorney

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Phoenix, AZ 85004