Your Constitutional Rights During a DUI Police Stop

Interviewer: Besides the stop, what other main areas do you attack in a case? Let’s talk about those.

When Will You Be Read Your Miranda Rights?

Brian Sloan: Besides issues concerning the stop, people do have constitutional rights. Although the law says that you do not have to be read Miranda rights, DUI is a special area of the law. I may go so far as to say in all other cases, a person does not have to be read the Miranda rights as long as they’re not asked questions. If someone is read their Miranda rights, the officers can ignore their request for an attorney as long as they don’t ask questions.

You Are Entitled to an Attorney During a DUI Investigation

DUI is the exception. You cannot ignore someone requesting an attorney in a DUI case. This is an issue totally separate from whether someone was truly drunk or whether someone was truly driving, this is a violation of a right, the constitutional right under the Fifth and Sixth Amendments as well as the Arizona Constitution, a right to counsel.

With DUI cases, because the evidence is only available for a limited amount of time, if someone truly is drunk or if someone truly is sober it is really only going to be available at that moment. People need to be able to have access to an attorney so that they can prove their innocence.

Your Attorney Can Document Evidence to Use in your Defense While You Are Being Questioned By the Police

In a DUI case, if someone says, “This machine is showing that I’m three times the legal limit. I am not drunk. I am sober. I am not staggering. I’m not falling down. I’m not doing all these things the officer’s saying,” that’s really only going to be proven in a very limited range of time.

A person needs to have access to an attorney, to contact that attorney and be able to have that attorney come down to the scene to videotape the person to show that they truly don’t have bloodshot watery eyes. The attorney can document they don’t have an odor of alcohol and record that they don’t have slurred speech. These are issues that are separate from whether a blood test result or a breath test result actually shows someone who’s above the legal limit. This is an issue separate from whether someone is really driving.

In Arizona, the Police Cannot Ignore or Decline Your Request for an Attorney

Interviewer: Do you encounter many clients that said to the police, “I want an attorney,” and the police replied, “No,” or they just ignored them?

Brian Sloan: It depends on the training of the police officer and depends on how experienced the police officer is. Because DUI is a separate area of the law and most police officers maybe think, “Well, they asked for an attorney but I don’t really have to do that because I’m not going to ask them questions.” They don’t realize that DUIs are the exception.

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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Preeminent
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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Email address:
Sloan@ArizDUI.com
2 N. Central Ave Suite 1929
Phoenix, AZ 85004