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Changes demanded in DUI tactics by Arizona Supreme Court

PHOENIX – Arizona is in the list of states with the toughest DUI laws. However, the state Supreme Court has now asked law enforcement officers to alter the way of gathering proofs when they suspect that an individual is intoxicated.

According to attorney Mark DuBiel, “Essentially the court said for the past 10 years, police have gotten it wrong, they’ve used coercive tactics”.

Prior to Tuesday, if any person got stopped by a cop, he may have been asked for a blood sample saying that the state law requires it for BAC level testing. The driving license of the individual is cancelled if he/she refuses to give a sample. Now, the court ruled that the cops can remind suspects of the law after they refuse to give the sample.

DuBiel added, “Every time an officer pulls you over, they can’t go to the old script they’ve been using, saying, ‘Arizona law requires you to do something'”.

According to him, the decision made by the high court will impact the past and future DUI cases. He further said, “Folks should visit with their lawyers, and current cases that are old should be looked at for that”.

Alberto Gutier with the Governor’s Office of Highway Safety said, “If a traffic stop and actual test are done with the old form in good faith, it may be accepted by the court”. He believes that the decision will not affect the past DUI cases. He added, “They’re not going to go backwards. If they do, that’s the way it is”.

Law enforcement all over the state is told what they can and cannot say while dealing with a suspect, he said. He also said that if any person refuses to give a sample, then the cop can get a search warrant. “They want to arrest somebody to protect everybody else and to protect everybody else means to go by the book and they do”.

Source: www.azfamily.com

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About the Author

Mr. Sloan has spent the last 14+ years focusing his attention on DUI representation. He has done more than 100 felony trials and has earned numerous favorable results for his clients, including Not Guilty verdicts, dismissal of cases, and beneficial plea agreements.