Being stopped by an officer can be a startling experience. Although the arrest process is undoubtedly unpleasant and not recommended, it should not be feared. An arrest is like a prologue in a book. It is just the background opening, not the entire story. If certain mistakes are avoided, then your story has a much higher chance of a happy ending.

1. Assumes a false identity with the intent to defraud another; or
2. Pretends to be a representative of some person or organization with the intent to defraud; or
3. Pretends to be, or assuming a false identity of, an employee or representative of some person or organization with intent to induce another person to provide or allow access to property

Avoiding the three mistakes above is an important step, but there are two other main hiccups that usually occurs in the arrest process. Below are two of the most frequent mistakes that should be avoided during the arrest process.

Do Not Answer Questions Without Talking To An Attorney.

Probably the biggest mistake people make at any stage in the arrest process is speaking about their case. People are raised to respect authority. Unless you are a rebellious teenager, you most likely understand the social expectation of listening to your elders and following authority. So, when a police officer pulls you over or arrests you and then asks something of you, it is nearly second nature to answer the officer’s questions. However, you should try your hardest to fight that urge. Once you have given the officer any requested documentation (like an identification card) and confirmed its accuracy, you no longer need to answer anything the officer asks of you. If an officer asks you questions you should politely inform the officer that you are not answering any question. If you feel like you absolutely must answer a question – like if your registration is up to date or is your address still correct – answer with a courteous, “yes (or no) sir or ma’am.” While you should always respect police officers, it is crucial to understand the officer’s job and objective in asking you questions.

An officer’s job is to investigate and help prove you committed a crime. The objective in having you answer questions is to bolster the state’s case against you. I promise you the officer is not trying to get to know you better, let alone help prove you did nothing wrong. The officer’s entire duty when stopping and arresting someone is to ensure there is enough evidence for you to be convicted of whatever crime they suspect you committed. If you opt to reply to an officer’s question and have slurred speech, seem nervous, or answer any question incorrectly you have now provided the officer with further evidence against you.

Imagine the standard traffic stop where an officer begins his investigation by walking over to your window and asking, “do you know why I pulled you over?” This type of question is what magicians call “the equivoque” or a false choice. The officer is giving you the false reality that you are completely free in your decision. However, the officer has actually now set up multiple paths to the same endpoint of establishing your guilt. You answer, “yes” and the officer then says that you were aware that you were breaking the law but continued as a danger to society. Pretty incriminating. You tell the officer, “”no” and the officer now says that you were not paying attention to your driving and are a hazard to others on the road. Equally incriminating. No matter your answer to that question, you are wrong and have provided the jury with some evidence of guilt.

So, what do you do in a situation like the one above (or any situation where you find an officer asking you questions)? The bare minimum. You should hand the officer your license and registration and then kindly tell the officer that you are not answering any question without speaking with an attorney. It is really that simple.

While you may feel that only guilty people ask for an attorney or that remaining silent means you have something to hide, it is important to remember that an officer does not determine your guilt. Only a judge and jury have that power. Asking for an attorney and remaining silent are some of the most sacred tenets in law. As such, no judge or jury can use your attorney request or silence against you. Therefore, it is vital that you inform the officer that you will not be answering any questions without consulting an attorney.

Taking Field Sobriety Tests

Typically, officers who suspect a person has been driving under the influence will pressure or hold an arrest over the person’s head if they do not perform a Field Sobriety Test (FSTs). While the officer’s threat of arrest is certainly tough to ignore, you do have the right to refuse to participate. And you should.

By the time an officer has begun requiring you to perform an FST, you are already suspected to be intoxicated. So why help the officer prove it? Any misstep, mispronunciation, or imperfection in your performance will be used to prove that you are in fact intoxicated. It does not matter if you are stone-cold sober, the tests are extremely difficult. Not only are the FSTs difficult, if you somehow ace a test it will not set you free. FSTs are only designed to prove your guilt. The National Highway Traffic Safety Administration (NHTSA) FST manual does not provide any test that if passed will prove sobriety. Instead, you get more tests. The tests stop when you fail, and the officer has enough evidence to secure a conviction against you. Therefore, it is a mistake to engage in any FSTs.

When dealing with refusing a test, an important distinction to make is the difference between an FST and a blood draw or breathalyzer test done at the station. While you may refuse to perform an FST with no legal consequence, refusing to allow a blood draw or perform a breathalyzer can be costly. Currently, if you refuse to allow a blood draw or breathalyzer test, you could lose your license for up to a year. Consequently, it is important to understand exactly what the officer is requesting of you. You do have the right to speak with an attorney before engaging in a blood draw or breathalyzer test and it is highly recommended you do so. Therefore, it is important that you speak with an attorney who is knowledgeable about the pros and cons of refusing any test.

Let Us Help

Any arrest can result in a conviction that has serious and harsh consequences. Ensuring you are protected requires a team of highly experienced lawyers to ensure you receive the best result possible. Let Scottsdale Criminal Lawyer’s criminal lawyers and their knowledge of Arizona law guide you through the process. The legal battle ahead will be led by strong representation and diligence.