What to do if pulled over for DUI? Arizona Criminal Lawyer David Cantor Explains

What to do if pulled over for DUI? Arizona Criminal Lawyer David Cantor Explains

Articles, Blog , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 26 Comments

Hi i’m David Cantor with the Law Offices of David Michael Cantor and welcome to Arizona Criminal Law TV What i’m going to talk to you about
today is what to do if your stopped for a DUI, I get asked this question all
the time. If an officer stops you and says sir have you been drinking the answer you’re going to give is the same answer you’d give to sir
did you rob a bank or sir did you kill ten people you’re going to say i’m not going
to answer any questions or do any tests until I talk to my lawyer. Now by
saying that you didn’t lie and you didn’t confess. You said let me talk to my lawyer Now if the officer gets you out and says let me look at your eyes, follow the light, follow the pen, you say stop am I free
to go officer because if i’m not then I want to talk to my lawyer don’t do any field
sobriety test don’t do the eye test don’t answer questions just simply say I
wish to talk to my lawyer. Now if he says i’m going to have to arrest you because I smell
alcohol, he was going to arrest you anyway. You say whatever but i need to talk to
my lawyer he’ll take you down to the station you call preferably us and we’ll
talk to you then i’ll ask you for sample your blood. In Arizona if you don’t
provide the sample you lose your license for a year and on top of that, they’ll
get a warrant and they’ll draw your blood forcibly if they have to so we normally
say on a first offense go ahead and give that blood sample and then ask to be
released to go to the hospital and get an independent blood test Normally they’ll cut loose you get into a
cab and you can go get that test if you wish. In essence the officer can now say I saw
him weve once I pulled him over he smelled of alcohol he gave me a blood sample and I released him. That’s all the officer will be able to tell a jury can’t comment on your right to remain
silent because that’s your fifth amendment right so it limits their evidence down
to just whatever the chemical test is keep in mind it’s always better to
reduce the evidence that you’re giving them because they will say I saw
x, Y and Z and they will tend to stretch what they saw or exaggerate and
that’s always a problem so if you simply say, nope I wish to talk to my lawyer it
greatly reduces what they can claim that you did that night

26 thoughts on “What to do if pulled over for DUI? Arizona Criminal Lawyer David Cantor Explains

  • wwerkotaco09 Post author


  • Michael Romano Post author

    David, This is EXCELLENT advice and almost exactly what I tell my clients in Oregon. Born and raised in Arizona, a friend of mine sent me this link to your video. That's a wild background by the way. I like it. Great video.

  • David Michael Cantor Post author

    @romanolawpc Hey Thanks for the compliment. I am having fun making these and hope that it helps a few people along the way.

  • A Post author

    So what if you've had only 2 drinks over the course of an evening and you are not impaired? Are you saying I should still refuse to do the tests and ask for my attorney? The lawyers I spoke to said that doing this is a good idea if you are drunk, but it will always end up with you being forced to go to the station to take the required breath test.
    So, if I could ask, Mr Cantor, if I was drinking responsibly and got pulled over and the officer smelled booze on my breath, what should I do?

  • A Post author

    Thanks for your comment. Only ignorant people view these videos as negative. Lawyers like this are informing us of what we should all know. Maybe when some of these prohibitonist nazis get thrown in the slammer for a DUI with a bunch of gang bangers because they had 1 beer at a ball game will they truly realize how horrible, corrupt, and intrusive law enforcement/laws itself have become.

  • Luis Diaz Post author

    DUI is a BIGGER crime that should be avoided!!

  • Vincent Avila Post author

    Thanks for the info!

  • TheHorta Post author

    This is valid advice for any and every traffic stop, including routine checkpoints. You do NOT have to provide LE with any information whatsoever.

    Learn the phrase "Am I being detained? Am I free to go?" and let if become your mantra. I'm pro-cop and have a number of extended family in LE, and I hate being perceived as a jerk, impolite, and a trouble-maker, but the trend of the LE community is heading in a harmful direction that values power over the rights of average citizens.

  • 777Skeptic Post author

    I live in MO, and you can lose your license for a year just for refusing a breathalyzer. Doesn't this violate your 4th and 5th amendment right? Once I was sober but refused the breathalyzer based on principals, but then the officer cuffed me so I changed my mind and decided to blow (I blew a 0). Next time, should I just say I am blowing out of protest and duress?

  • D: Post author

    Make sure to comply if you're given orders.

  • Dane Johnson Post author

    This is valuable advice, because one doesn't want to incriminate their self so it can be used against them later in court. Yet, one shouldn't lie either. By asking for your attorney, that isn't lying.

  • I.C. Caesar Post author

    Can somebody please advise me or direct me to a source (preferably a free one available on-line) as to the applicability of Mr. Cantor's excellent guidance in the state of Pennsylvania?

  • knaxon Post author

    Thank you so much for this advice I never knew you could refuse to do the tests. I've been stopped and harassed before for driving oddly or something else and one time I was told when I was 16 years old(22 now) that me and my friend who was also 16 looked like he was on meth and that i was on heroin just because of our eyes.The second time the officer basically ordered me to do a flashlight test. Most cops really don't "ask" they word it in such a way where people don't think they have a choice.

  • Steven Kellis Post author

    The evasive, but a right we are guaranteed, does not lie to the officer, but allows the person to deliberate with their attorney.

  • 8523wsxc Post author

    Plese don't drink and drive.

    Also don't rob banks and don't kill ten or any other number of people.

  • koonjar Post author


  • Diane Blackford Post author

    Thanks for the video. Very informative.

  • caparzzo Post author

    hi SIR David or to anyone who wants to answer me with a fact response, i live on Reynosa Mexico,border with Hidalgo Texas, i have my visa and everything i pass legal, i want to know if i have the same rights or just because i am from Mexico it doesn't matter, my questions are for all types of pull over without a breaking some type o law on the road, just because i have mexican Tags, i never pull over but some polices man are kind of mean, so respectfully i want to know what rights i have,THANKS

  • AZ Copwatch Post author

    The best case a cop has is the one where you answer questions he asks. From the second a cop ask how are you, they are setting you up and interviewing you. They are trained to get you to answer the questions they need.

  • DaveBinAZ Post author

    They claim probable cause on 'alcohol' but can they test your blood for anything and everything? or just what the probable cause was based upon?

  • Eddie Scorsese Post author

    "Better call David!"

  • Jax Atts Post author

    This video is very helpful. Thanks for sharing.

  • mambobro Post author

    I'm all for an individual's rights, but this is more like a tutorial on how to rig the system so you can break the law.

  • Julian Salin Post author

    A cop's worst nightmare: A citizen who knows their rights.

  • Glen Green Post author

    As for the " Miranda Rights " I was stopped for suspicion of D.W.I many moons ago. I was read the "Miranda Rights" hand cuffed and taken downtown as they say ! Again at the police dept, i was read the Miranda Rights, and very politely declined to talk about anything ! The officer already had my license, reg, insurance card, etc. I remained silent from that point on. However, this did NOT go over so well ! The Officer then ordered me to perform sobriety tests, i declined and stated my Miranda Rights ! Then he Ordered me to take a Breath Test, I again declined and stated my Miranda Rights ! The Officer told me i can't do that ! If i did not follow his instructions he could force me to give blood at the local hospital ! And further, i would also lose my license for a year automatically for not complying ! So, at what point did my so called " MIRANDA RIGHTS " you know, " You Have The Right To Remain Silent " and all that crap go out the window ? At what point did MY CONSTITUTIONAL RIGHT get waived ? I asked the officer why did he even read the Miranda to me if i could not apply it with out penalties ? (Serious Penalties i might add) He had no answer for me as the person the i referred to as Officer appeared to be just out of high school where he was most likely picked on ! At anyrate, look how easy your Constitutional Rights were Stated to me and in one minute taken away ! I have NO Answers to this, maybe someone else might ? I lost my drivers license for the year, and a $500.00 dollar fine, i will add, i am NOT excusing that i had driven when i was not in a good state to drive, i am asking, How what i said in the above sentences can Your Rights be read to you and then revoked in one minute ? Oh, this took place in N.J. PEACE PEOPLE !

  • Popeye Doyle Post author

    DO: NOT drink when you drive
    DON'T: Drink when you drive
    2 easy steps and it won't be necessary to pay some ambulance chaser two grand to get you off. Simple.

Leave a Reply

Your email address will not be published. Required fields are marked *