Attorney Mark Weingart was the first one to publish the do’s and don’t of DUI law in the state of Arizona. His legal advice, sound council, and commitment to defending the rights of his clients make him one of the most highly sought after lawyers in Phoenix. Attorney Weingart honestly answers the question of what to if pulled over and suspected of drunk driving/DUI.
MR. MARK WEINGART: Because things change, they always change. However, back in 1988, I was the first person to ever publish the dos and don'ts in the State of Arizona for DUI. And today those have not changed as far as the warnings that we give people. The nuances have changed, but the basic dos and don'ts haven’t changed. For example, if someone's pulled over, the natural reaction is to start talking. Everybody thinks they can talk their way out of a ticket. First of all, this isn’t a ticket. If you've been drinking and you've been pulled over, and an officer ask you how much you've had to drink, this is no longer a traffic ticket, this is a DUI, criminal DUI investigation. That's where it's going. You don’t want to start idle chit-chat, because there are notes that they're taking, and they're going start observing how you sit, how you stand, whether you sway, with the color and redness of your eyes, the color of your face. And I think the most important thing that people should know is that almost every officer, at some point in the investigation, is going to have a handheld breath analyzer; we call it a portable breath tester or PBT. They always want you to blow into them. You don’t have to. You shouldn’t. Those things are not accurate. There are not admissible in court against anybody. And if you blow into that thing and it doesn’t work or you happen to blow over a level of .15, your vehicle just got taken away for 30 days based on an inadmissible breath testing device. No one should ever take the portable breath test.
Now when you say that, you have to say that with caution because if you're arrested, and then taken down to the station, now they're going to want, in some jurisdictions, have you do a breath test. That's a different breath test. That's what we call an evidence breath test. That’s the one that before the officer's going to tell you that Arizona law requires you to submit to that test. That’s the one you have to take. But the one out on the field, not only do you not have to take it, but you shouldn’t take it.